What Is Moonlighting?

What is Moonlighting?

Moonlighting has become a trendy term these days in the IT industry. The rising trend of moonlighting among technology professionals has sparked a new debate in the industry. Every common and special is joining this discussion. In fact, many legal questions have also arisen from this trend, but many believe that with the return of employees to the workplace, the concerns related to it will also be reduced.

What is Moonlighting Policy?

Moonlighting is the term used when a worker works any additional jobs on top of his regular job. Actually, there has been a change in how people live their lives in order to work since the Corona epidemic. Since the pandemic, many new trends have emerged, with moonlighting being one of them. It is reported that many large tech companies are opposed to the new work system, despite the fact that some businesses support it.

Is moonlighting against the law in India?

One more job can be taken on in India without breaking the law. However, a person with a similar set of jobs might raise questions about possible confidentiality violations. The single employment clause is common in employee contracts at most businesses. Moonlight might be regarded as dishonest in this case.

According to the Factories Act, dual employment is not permitted in India. However, IT companies are exempt from that law in some states. Before taking on multiple jobs, employees should carefully review their employment contracts.

Purpose and Policy Brief of Moonlighting

Generally, most companies discourage outside employment. Newer trends are starting to emerge, though, and the Covid-19 pandemic’s global impact has given people very few options. Therefore, rather than outright rejecting moonlighting, businesses have worked to develop a policy.

This policy’s objective is to keep top talent at the company while enabling them to supplement their income without jeopardizing the organization’s objectives or intellectual property. Such a policy has provisions built in that protect the business interests without interfering with an employee’s free time.

Scope of Moonlighting Policy

The aim of creating such a policy should be on the company’s employees, to whom it applies. Such a policy typically only applies to full-time and part-time salaried workers, leaving contractual workers outside its purview.

This policy also covers legitimate activities. Any employee who is discovered to be involved in any illegal activity (such as fraud or drug dealing) may be fired right away. If an employee uses company tools, resources, or information to support any illegal activities, the company may even take legal action against them.

Policy Elements of Moonlighting

A business can demand openness regarding the nature of its employees’ side jobs. This will avoid any issues with their primary employment. The primary employer may have requirements that the employee who wants to take on a secondary job must agree to. These circumstances include:

• The secondary job must not be with the company’s direct competitor.
• The secondary job’s work or project must not overlap with the primary employment.
• The secondary job’s time must not intrude upon the primary job.
• The nature of the second job must not create a conflict of interest with the primary job.
• If the employee is starting a new business that competes with his or her current employment, that is considered a conflict of interest and may result in immediate termination.
• The secondary job profile must not affect the performance levels of the primary job.
• The primary job’s confidentiality clause will remain in effect at all times while working the second job.

However, randomly working or helping out at a family business, freelancing, or even doing voluntary work do not count as secondary jobs and are usually exempt from such policies.

Violation of Moonlighting Policy

The company that provides primary employment may have different violation policies depending on the nature of its business. Performance problems, attendance problems, the release of private information, and working directly with competitors can all be considered violations and result in a variety of disciplinary measures. The business may do things like:

Legal action.

• Ask to quit the secondary job with immediate effect.
• Issue an official reprimand and/or launch a disciplinary process.
• Terminate employment with immediate effect.

Pros and Cons of Moonlighting

Moonlighting, as a concept, refers to additional work that is done in addition to the primary job. This implies that a person works an equal number of additional hours, either physically or mentally. Working a second job has its own benefits and drawbacks.

Advantages

• Increased income
• Upgrading or teaching new skills
• Learning how to multitask
• Increasing exposure

Disadvantages

• Easily onset of fatigue.
• Negative impact on the primary job performance.
• It might put the primary career at risk.
• The ability to balance work and life can suffer

Conclusion

While moonlighting is a common practice in the west, it is relatively new and growing in India, particularly in the IT industry. With the pandemic fueling job losses and layoffs, many professionals chose to moonlight, especially in the last couple of years.

Additionally, the idea of earning extra money is very alluring due to the extra time available, particularly in the work-from-home culture. The key to moonlighting and a primary day job is effective time management.