WHAT IS MOONLIGHTING
Moonlighting is the practice of working a second job in addition to one's regular position, either concurrently or during different shifts for double income
Example: A person working in company X from 9am to 5pm and then 5pm to 11pm in Y company or both during same time hours so that the person gets salary from both company X & company Y.
MOONLIGHTING IN INDIA LAW
Moonlighting is not specifically defined by Indian law. However, dual or double employment is somewhat regulated by the legislation listed below. According to the Factories Act of 1948, an employer is not permitted to demand or let an adult employee to work in the factory on days when they have already worked in another workplace. In IT sector moonlighting doesn’t have any law in India but companies mention in their policies so moonlighting could always lead to a breach of contract.
WHY COMPANIES DON’T ALLOW MOONLIGHTING
Businesses fear that having employees work two jobs at once will lower their productivity and job quality. Additionally, there is a chance that two deadlines will cause more stress than one, which could result in a smaller or lower-quality output. Another side effect of a side gig is fatigue, which can cause negligence and diversion. Employers are often concerned about data and confidentiality breaches, particularly if an employee collaborates with a direct rival. Another issue is the possibility that employees will exploit company resources for a side job.
WHAT MAKES MOONLIGHTING POSSIBLE FOR EMPLOYEES?
Working from home makes the employees manage the work in both the companies using two laptops but if they are working from office they spend most of their time in office so they will not be able to work with other company.
HOW MOONLIGHTING EMPLOYEES ARE BEING CAUGHT?
PF(Provident fund) Account will be opened using Aadhar and Pan card. Employees need to submit their PF Account details as a person can hold only one Aadhar and Pan card they are using same PF Account in both companies and both the companies are crediting money in the same account making the employees get caught moonlighting.
MAJOR COMPANIES ABOUT MOONLIGHTING
WIPRO:
300 employees of Wipro are caught moonlighting with the help of their PF Accounts in which double amount is being credited and fired them.INFOSYS:
Infosys CEO Salil Parekh mentioned that since last 12 months they found employees moonlighting and let them go.In an average quarter over 4000 employees applied for it and 600 selected.
While maintaining the confidentiality, they are developing more extensive policies but they don't support the dual employment
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