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Experts opine that the practice gained popularity in recent years due to the COVID-triggered ‘work from home’ policy. Image Credit: Shutterstock

Dubai: This week tech giants based in India came together against the practice of ‘moonlighting’ by employees.

IBM, on Wednesday, joined Infosys, Wipro and other tech firms in India which issued warnings for employees, and stated that the practice was not ethical. They added that this would be considered ‘cheating’ and could lead to termination.

So, what is moonlighting?

If full-time employees take up a second job, usually outside their primary working hours, it is termed moonlighting.

When the practice first gained popularity in the US most people were taking up night jobs, and hence it was called ‘moonlighting’. Nowadays, however, these jobs are not strictly night or weekend gigs. These are also not limited to any industry.

WORK FROM HOME IT
Many start-ups have largely spoken positively about moonlighting, as long as it was not a direct conflict of interest or against employee obligations.

For or against: 'No Double Lives'

The discussion in India currently specifically pertains to IT professionals. Several industry veterans have given their opinion on the ethical correctness of employees taking up additional jobs, and there are advocates for both sides. Experts opine that the practice gained popularity in recent years due to the COVID-triggered ‘work from home’ policy.

Infosys, in their their warning email ‘'No Double Lives', cited their Employee Handbook and Code of Conduct to warn employees of disciplinary action including termination in case they were found to be engaging in other jobs. Rishad Premji, Wipro Chairman, outright called the practice cheating on his Twitter account.

Even as Infosys sent out the warning email, former director of Infosys, Mohandas Pai said employees should be free to utilise their free time as they wish, as long as intellectual property would not be leveraged. He told PTI that low entry-level salary in the tech industry is one of the main reasons why employees resort to taking up additional jobs.

Pai added that the entry-level salary packages for professionals has not seen an update in the last decade.

Tech Mahindra CEO CP Gurnani tweeted ‘it’s necessary to keep changing with the times…’ He added, “I welcome disruption in the ways we work.”

Swiggy, a food delivery platform in India, announced an industry-first ‘Moonlighting policy’ in August. The platform said it would allow employees to work on other projects after working hours, subject to specific conditions.

Many Indian start-ups have spoken positively about moonlighting, as long as it is not a direct conflict of interest or against employee obligations. This positive sentiment also stems from the fact that many successful ventures in India today were started by senior executives and even co-founders at other firms, who took on their passion projects on the side.

Is the practice illegal?

Now, the discussion has moved on to whether moonlighting is illegal in India. The topic is not addressed in the Indian labour law, when it comes to executive-level employees. Only factory workers and industrial workers are included in the labour law provision against additional employment. 

Hence, there is no law governing the practice of taking second jobs by IT professionals.

However, industry experts agree that contractual obligations take precedence in this case. Whether the company is in support of or against moonlighting, the employee would have to ensure that his/her contractual obligations are fulfilled.

If an employee’s contract contains non-compete and single employment clauses, the company can take disciplinary action or terminate the employee if he or she violates the agreement.