Moonlighting, as far as legal implications are concerned, is an ambiguous concept

Consider it as a curse or blessing in disguise, the pandemic has forced us into remoteness and coping with a work-schedule devoid of external monitoring mechanisms. Now that many companies are considering extending WFH culture even after the pandemic, apart from making employees feel connected, they have one major issue before them to address. It's moonlighting. Employees who seek work outside the purview of their work are said to be moonlighting. IT employees, particularly from India might think it is near impossible for anyone to have a second job because the primary corporate jobs they hold are in themselves exhausting. But the issue is making quite a buzz. Recently, Swiggy, the food delivery app, announced, the industry-first moonlighting policy eliciting some of the strangest and most weighted opinions from industry experts. Soon after the announcement, Wipro's Chairman Rishad Premji tweeted, "There is a lot of chatter about people moonlighting in the tech industry. This is cheating – plain and simple." Responding to Premji's tweet, Tech Mahindra CEO CP Gurnani tweeted recently that it is necessary to keep changing with the times and disruption in the way we work is necessary.

Why do techies resort to moonlighting?

Be it a lack of interest in the current job, or chance-finding a job that pays handsome money, moonlighting is definitely the pandemic's baby. In the IT industry, particularly the freshers, do not get the kind of hikes their seniors get. Taking advantage of the pandemic, many freshers have taken to secondary jobs, says IT industry veteran and former director of Infosys, Mohandas Pai. In his opinion, it is the low entry-level salary that is encouraging moonlighting among tech employees. Pai says the salaries of freshers in the software industry haven't improved in the last 10 years with many of them underpaid in the first 3-4 years. Apart from giving an opportunity to make money, techies build profiles for better job opportunities or pursue higher education.

Is moonlighting legal?

Moonlighting, as far as legal implications are concerned, is an ambiguous concept. Even though the Indian Factories Act restricts double employment, IT employees do not fall under its ambit. However, employers might keep the practice under check by adding clauses in their employment contracts. Generally, IT employers do not pursue the legal route to implicate an employee for moonlighting. Rather they approach it from the employee's point of view, addressing their expectations. While few people may argue that an employee is also bound morally, a few industry experts have a different opinion. As long as productivity is not affected and there is no conflict of interest, they think, it shouldn't be an issue for concern. "Employment is a contract between an employer who pays me for working for them for 'n' number of hours a day. During that time, I have to abide by their conditions…Now what I do after that time is my freedom, I can do what I want", says Mohandas Pai.