Moonlighting policy

Moonlighting policy

table-of-contents

Summary

Walking the moonlighting policy tightrope? We get it! Balancing individual aspirations with organizational needs isn't always easy. But guess what? Many Indian companies are striking the right balance. Need a hand? 🖐️ Grab our FREE Moonlighting Policy Template.

What is moonlighting by employees?

From an unique HR perspective, moonlighting can be defined as the practice of engaging in a secondary job alongside a primary occupation. 

Imagine an employee working a typical 9-to-5 and then pursuing another role post-working hours to boost their income.

Moonlighting's Global Genesis 

The concept shot to fame in America, with individuals taking on a secondary role in addition to their regular jobs. 

Fast forward to the recent work-from-home boom during the pandemic; employees globally found themselves with extra hours post their primary jobs. 

For many, especially in the IT sector, this translated into an opportunity to engage in simultaneous roles across two different organizations, capitalizing on the flexibility of the remote working model.

Is Moonlighting legal in India?

Navigating the intricacies of moonlighting in the Indian context requires a discerning eye. While India doesn't possess comprehensive laws on moonlighting, there are specific cases that touch upon concerns like data confidentiality and potential conflicts of interest. 

The alarm bells often ring louder when an individual opts to moonlight with businesses that could be seen as direct or even indirect competitors.

Moonlighting in India - A legal perspective!

  • Factories Act : This act lays down clear directives. Simply put, if an individual is engaged in a job at a factory, they cannot be employed at another during the same time span.
  • Shops and Establishments Act : It focuses on dual employment and states an employee cannot serve other employers during holidays or when on leave. Both employees and employers share the responsibility of ensuring exclusive employment.
  • Industrial Employment (Standing Orders) Central Rules : Section 8, Schedule I B, stresses 'exclusive service'. Employees must not act against their primary employer's interests or take conflicting secondary jobs.

Moonlighting in India - A legal perspective!

Employee moonlighting - How to identify the employees who have dual employment?

1. Access the UAN: Begin by accessing the Universal Account Number (UAN) of the Employees’ Provident Fund (EPF) associated with your employee.

2. Check for Multiple PF Contributions: Analyze the UAN to identify if contributions are being made by two distinct companies. Dual PF contributions are a telltale sign of an employee's moonlighting activities.

Example: Wipro, leveraging this method, identified and subsequently terminated 300 employees engaged in moonlighting.

3. Beware of Non-traditional Employment: Recognize that spotting moonlighting can be more challenging when an employee engages in roles like consulting, freelancing, or part-time jobs. These positions often don't involve PF contributions, making detection trickier.

4. Leverage New-Age Technology: Consider utilizing modern technology to monitor company-issued devices. Monitoring can alert you if an employee uses their official device for tasks outside of their primary role.

5. Third-Party Verification: As an added layer of scrutiny, think about hiring third-party agencies to conduct comprehensive background checks on employees. These checks can help unearth undisclosed moonlighting activities.

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Disclaimer

This is a general guide, not a legal document, and may not cover all laws under the Indian Labour law. Neither the writer nor Pazcare will be liable for any legal consequences arising from its use. Consult with a legal professional to ensure compliance and adapt this guide to your business needs.

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