Moonlighting: Whether It Is A Boon Or Bane

Hardik Maheshwari, Institute of Law, Nirma University, Ahmedabad

АBSTRАCT

The act of doing a second job after regular business hours is known as moonlighting. When an employee moonlights, they frequently do these side tasks covertly and without disclosing them to their company. Because of this, side work is typically done at night or on the weekends. The phenomenon gained widespread recognition when Americans started seeking part-time employment to augment their regular 9-to-5 work. While some consider it unethical, others think it's urgently needed. It is against the factories act to have two employers. IT companies, however, are excluded from that restriction in several states. It is imperative that workers carefully review the terms of their employment contract with their primary employer before searching for side work or launching a business to guarantee compliance with any policies against moonlighting. As the factories act only applies to factory workers and does not regulate employment in other industries, there is currently no specific legislation in India regarding moonlighting. It’s still a debate whether moonlighting should be made legalized or not, as companies will eventually experience low productivity, revenue loss, employee disengagement, and confidentiality violations. This article is a study based on previously published literature to comprehend the issues faced in the absence of any laws pertaining to moonlighting in India and whether laws pertaining to it are necessary.

Keywords: Moonlighting, Dual employment, Double employment, Productivity, Loss of Confidential Information