Open Access Research Article
ASSESSING MOONLIGHTING IN IT SECTOR: IMPACT AND SOLUTIONS AUTHORED
Published Paper
Article Details
ASSESSING MOONLIGHTING IN IT SECTOR: IMPACT AND SOLUTIONS
AUTHORED BY - ANANYA DESWAL
& ANANYA SHARMA
ABSTRACT
Undertaking additional or secondary employment, apart from an employee’s
primary engagement, has resulted in severe cracks in the Information Technology
(IT) Sector. Covert employment or ‘Moonlighting’ has an element of “secrecy” or
“non-disclosure” and is often interpreted negatively. However, at this stage,
the world may need to adopt a form of dual employment regulated in the
economy's best interest and holistic development of the workforce. Recent
global events like COVID-19, inflation etc., have affected human needs and
earning capacity. The current trend is now about necessarily finding different
and flexible earning options to diversify the source of one’s income. A working
individual needs greater security to effectively handle the various socio-economic
issues of inflation, anticipated recession, higher living costs and more.
Major corporate concerns against moonlighting are confidentiality
breaches, high attrition rates, compromised efficiency and impaired
productivity. Is it realistically plausible to have the same dedication and
commitment to both the employments that an individual has undertaken? One way
to tackle this phenomenon is by raising questions of business ethos, morality
and legality. Another way is to provide for consideration of the personal
freedom of an entity. The question is of using self-autonomy as a sound logical
stance in cases of dual employment through a restrictions-based approach. This
can be achieved by enacting an ‘umbrella’ legislation establishing certain
standards governing the practice.
Hence, the paper construes a need for regulatory legal provisions that
cater to providing a framework for the rights and duties of employers, benefits
received, tax and related considerations and employees' protection.
Additionally, attention has to be directed towards detailing the extent of
knowledge dissemination and control between primary and secondary employers
over their staff. This can be achieved by creating a regulatory body that has
the force of law to sanction dual employment through a specific procedure and a
redressal mechanism for any disputes that may arise. These are some immediate
questions that have been pondered over and answered.
This paper thus attempts to essentially deal with the questions that have
been raised above and prospective resolutions, possibly in the form of
employment-related regulations or policies. An irrefutable fact is that change
is the law of life and to be better is only possible by changing the present
workings of the system we are a part of.
Keywords:
Moonlighting, Dual Employment, Business Ethos, Regulatory Body, Redressal
Mechanism
RESEARCH METHODOLOGY
This paper employs a doctrinal
research methodology to examine the legal framework and policy implications
surrounding moonlighting in the contemporary workplace. Drawing on a range of
authoritative sources including principles, journals, articles, commentaries,
and authoritative books, the paper offers a critical analysis of existing legal
frameworks and makes policy recommendations to address emerging challenges.
While the paper prioritizes legal analysis, it also draws on empirical data and
other relevant sources to support its arguments and recommendations. By taking
a holistic approach to understanding the complex interplay between legal and
social factors that shape workplace dynamics, this paper aims to contribute to
ongoing debates about the future of work and the role of moonlighting in the
21st century economy.
INTRODUCTION
As the world experiences an
unparalleled rate of progress, there has been a corresponding shift in the
desires and demands of individuals, as well as a transformation in the market’s
composition. Professionals must constantly upgrade their skill sets and the
technologies employed to ensure the successful fulfilment of targets. With the
business environment becoming increasingly complex and dynamic, goals are no
longer static but rather are active and adaptable entities, subject to the
changing needs and demands of both clients and service providers. The pervasive
existence of cut-throat competition in the present-day economy, in tandem with
inflation and the ensuing impending recession, has instigated each working
individual to reassess their financial position. This has led to an increased
emphasis on diversifying one’s assets and securing multiple income sources to
achieve more excellent stability in the face of potential financial
disruptions.[1]
The lack of commensurate remuneration
and wage scales in line with contemporary living standards presents significant
impediments to the developmental trajectory of the world, particularly in
countries like India. It is the fear of the instability that paralyses
individuals from growing, developing holistically, exploring new fields of
interest, or gaining more experience.
Such deficiencies inhibit individuals from realising their full
potential, as they are preoccupied with addressing the pressing concerns
surrounding their basic sustenance. But
this vicious cycle has a parallel form of existence wherein, to ensure the
sustenance of the household, individuals end up working multiple jobs,
sometimes without informing the primary employer about the same. This
phenomenon, which has the element of secrecy intertwined, is referred to as
‘moonlighting’.
In the recent past, IT giants like
Wipro and Infosys laid off several of their employees on account of undisclosed
dual employment. Employers allied to this line of thought have outlined their
main concerns - data and confidentiality breaches, integrity violations,
misplaced focus, decreased productivity and unfair use of resources of one employer
for another job, among others. Post-pandemic, the world has witnessed a
dichotomy in the attitude towards work.
On one hand, remote work has been
embraced by many, with its benefits of flexibility and convenience outweighing
the challenges of isolation and distractions. On the other hand, there is a
grim reality for those rendered unemployed due to the pandemic's economic
fallout. This has created a standoff between the aspirations of the employers
and the employees if the conflict of “to do or not to do” is not resolved with
regard to the prevalence of moonlighting.
This paper looks at the direct and
indirect implications that have arisen or may do so in the future if
moonlighting is established as the ‘new normal’. The analysis of the benefits and
drawbacks of dual employment has yielded invaluable insights regarding the
priorities of both employers and employees. In light of these findings, we
propose a series of pragmatic policy recommendations that can significantly
transform the IT industry that acknowledges the nuanced needs of all
stakeholders. Our research also presents a standardisation model of dual
employment through regulatory bodies, that hopefully benefits all those
engaging in it, without it being at the cost of another party, which in this
case, will mostly be the primary employer.
MOONLIGHTING: MEANING AND CONTENTIONS
Moonlighting can be defined as “the
term that applies to the holding of a second job by a public employee who is
supposed to work his job full time.”[2]
The fundamental rationale for the presence of this practice is the requirement
for people to have greater economic security through alternative strategies of
income escalation. This is possible when a person invests some of their free
time, or more aptly, time away from their primary job, into other ventures.
These may be directly related to the same industry or maybe a completely
different field altogether.
Those who advocate in favour of the
practice take the stance that moonlighting is a promising investment and not a
misdirected focus that consumes the individual, thus making them unable to
achieve the desired results at their workplace(s). It capacitates such people
to use their “free” time in the manner that is most beneficial to their career
trajectory, the opposition to which seems like unwarranted policing. Opponents
of moonlighting express concerns over potential data breaches decreased
productivity, and lack of accountability and loyalty. They also argue that
while occasional pressure can be beneficial for motivation and productivity,
chronic and excessive stress can be detrimental to overall health and
well-being as is the case when a person moonlights, as it includes self-working
for prolonged periods of time, devoting both physical and emotional energy.
The absence of any regularisation of
‘secret’ dual employment, specifically in the IT sector has raised several
concerns in the current epoch that have prompted an abundance of inquiries
regarding ethical, moral, and legal implications. The contentious issue at hand
revolves around the extent of autonomy employees should possess in deciding to
take up secondary employment while continuing with their primary job, or
whether they should remain dedicated to a singular job to fulfil their
responsibilities to the best of their ability.
INFLUENCING FACTORS: EXAMINING THE INDIVIDUAL AND SITUATIONAL DRIVERS OF
MOONLIGHTING
Moonlighting, as a phenomenon, can be
better understood by examining the underlying factors that motivate individuals
to engage in it. One such approach is through Maslow's Hierarchy of Needs. The
first two levels cater to the physiological and safety needs of human beings
like air, food, water, shelter, reproduction, employment, security, resources,
etc. These are considered the most basic of needs that humans generally strive
to achieve. The next three levels are higher-order needs like love and
relationships, esteem and finally self-actualisation.
The fluctuating nature of human needs
and the cycle of fulfilment varies from person to person, but getting to the
top is the easiest if the basic needs are met.[3]
Maslow suggests that basic physiological and safety needs must be met before
individuals can strive for higher-level needs such as esteem and
self-actualization. This is germane to moonlighting which is essentially about
the extra income, skill and experience that gets added to the employees’
arsenal and is directly linked to the quantum of growth that the person will be
able to achieve.[4]
Several factors drive a person to
partake in the practice of moonlighting, despite being aware of the adverse
effects and the risks involved. Our current labour laws are not very suitable
for distinguishing between personal and professional activities, making it
difficult for employees to justify dividing their attention between
moonlighting and their primary employment. In the wake of recent global
economic shifts, including the COVID-19 pandemic’s profound impact on businesses
and employment opportunities, the rise of automation and artificial
intelligence, and the growing prevalence of gig work, individuals worldwide,
including those in India, are facing significant financial challenges.[5] To
maintain economic well-being, many are turning to moonlighting or engaging in
secondary employment as a reliable means of supplementing their primary income
and reducing financial pressure.[6]
Moonlighting, encompassing activities
such as freelancing, part-time work, or starting a small business, allows
individuals to diversify their income streams and establish a safety net, while
simultaneously cultivating new skills and exploring alternative career paths. [7]
Although research indicates that
secondary jobs may offer lower pay, benefits, and status, they also provide
greater autonomy, flexibility, and personal fulfilment. As such, moonlighting
has been linked to job heterogeneity, which promotes financial security and the
ability to navigate economic uncertainties. Employers who support moonlighting
arrangements can promote employee engagement, loyalty, and retention, while
also providing an attractive perk for employees seeking work-life balance.[8]
However, ethical considerations must
be taken into account, and contractual agreements should strike a balance
between personal freedom and legal obligations. Parties must ensure that they
are not engaging in any fraudulent or dishonest activities, as such actions
could have legal repercussions. For example, if a single, non-competitive employment
clause is included in the work agreement, engaging in another employment may be
regarded as an act of fraud/dishonesty/cheating which may lead to legal
complications.[9] In order
to address these challenges and improve the economic well-being of low-income
IT workers, policy interventions are needed that aim to reduce income
inequality, increase access to education and training opportunities, and
provide a supportive work environment that prioritizes worker well-being and
fair labour practices.
A DOUBLE-EDGED SWORD: THE PROS AND CONS OF DIFFERENT TYPES OF
MOONLIGHTING IN THE IT INDUSTRY
Moonlighting is a complex and
multifaceted concept that can be broken down into various stages of
involvement, including effort, energy, and time. These stages are indicative of
the level of commitment and investment a worker has in their moonlighting
activities. For instance, an individual may put minimal effort, energy, and
time into their secondary employment, using it as a means of earning some extra
income without compromising their primary job.
On the other hand, some may be deeply
invested in their moonlighting work, putting in significant effort and energy
to develop their skills, knowledge, and professional networks. It is important
to recognize that the various stages of moonlighting are not static and can
change over time, influenced by factors such as personal circumstances,
financial needs, and career goals.
As mentioned above, these
stages/levels can be divided into four quadrants - blue, quarter, half and full
moonlighting, and are differentiated based on the extent to which an individual
engages in secondary employment. Blue moonlighting is the lowest level or stage
that involves failed attempts at engaging in a secondary job for the purpose of
earning additional income, because of the absence of the necessary skillset or
expertise to perform the job effectively.[10]
The lack of technical acumen leads to shortcomings in meeting the needs of the
employer.
Quarter moonlighting, the next stage
of the cycle is a term used to describe a specific type of moonlighting where
an individual seeks part-time employment which is usually a quarter of their
regular work hours[11]. It is
often seen as a viable option for those who wish to supplement their income
without sacrificing too much of their personal time. This type of moonlighting
offers several advantages, including a boost in income and an opportunity to
learn new skills but it comes with its own challenges like a potential clash
between the primary employer and the secondary employer in terms of scheduling
and other logistical concerns.
The third stage is “half
moonlighting” which involves dedicating approximately half the time and effort
one would devote to their primary job, making it more than part-time
moonlighting.[12] The
practice of half moonlighting is typically undertaken by individuals who desire
to supplement their income, develop additional skills, or pursue their
interests outside of their primary employment. It requires a careful balancing
act between work and personal life, as well as a clear understanding and
communication with primary employers about the additional work commitments. In
terms of benefits, half moonlighting can lead to personal and professional
growth, increased income, and a diversification of skills and experiences.
However, it can also lead to burnout
and stress, especially if the worker fails to strike a balance between their
primary and secondary employment or faces conflicts between the two.
In the final stage of moonlighting,
which can be described as “full moonlighting,” employees engage in two
full-time jobs simultaneously, requiring a significant amount of time and
effort to manage both roles effectively. This stage demands the ultimate level
of balancing dual employment and accentuates the commitment and sacrificial
dedication of individuals who strive to expand their skillset and income
streams.[13]
Moonlighting can be seen as a
double-edged sword due to the potential benefits and drawbacks that arise from
engaging in additional employment.[14]
On one hand, moonlighting offers the opportunity to augment one’s income and
expand professional networks and experience. It may also help individuals
diversify their skill sets, which could enhance their marketability and competitiveness
in their respective fields. However, on the other hand, moonlighting can
potentially lead to negative consequences. For example, moonlighting may create
conflicts of interest between an individual’s primary and secondary employers,
potentially leading to ethical or legal violations.
It may also lead to increased
workloads and burnout, which could negatively impact job performance and
overall well-being. However, research findings indicate that a considerable
proportion of the workforce in developed countries, ranging from about 20-25%,
has the potential to operate remotely for three to five days per week without
compromising their work output. Notably, this marks a significant escalation,
with the number of remote workers increasing by a factor of four to five
compared to the pre-pandemic era.[15]
To achieve a successful stint of
double employment, individuals must contend with the practicalities of managing
dual corporate identities, dual EPF accounts (or a linked mechanism), two email
IDs, and the demands of reporting to two bosses. [16]
Some employers hold a pessimistic view towards moonlighting, apprehending that
it could lead to a lack of loyalty or commitment from their employees. An
employee who takes on additional work outside of their primary employment
becomes overburdened, loses focus, or experiences conflicts of interest. There
is potential for their confidential information, trade secrets, or other
proprietary information to be compromised if an employee is working for a
competing organization.[17]
Employers hold a vested interest in
the matter of moonlighting and its potential implications for their business
operations. This is pertinent in the information technology (IT) industry,
where technical sophistication and the safeguarding of sensitive information
are paramount. There is a need to prioritize securing data against unauthorized
access and breaches, as it may have disastrous consequences for the company as
a whole.[18]
Therefore, employers find it imperative and non-negotiable to be highly
vigilant and proactive in identifying and mitigating any potential ‘threats’
posed by moonlighting employees.
TACKLING MOONLIGHTING THROUGH ORGANIZATIONAL SUPPORT
In today’s dynamic and uncertain
economic environment, the concept of job security has become increasingly
elusive. The traditional notion of a single job serving as a sole source of
income and stability is gradually giving way to the trend of individuals
seeking additional sources of income as a cushion against potential failure or
job loss.
This trend has been further
exacerbated by the ongoing COVID-19 pandemic, which has resulted in widespread
layoffs and terminations. In such a scenario, it has become imperative for
companies to recognize the changing needs and preferences of their employees
and provide them with the necessary support and resources to navigate these
uncertain times.
It is important to note that while individuals may seek additional sources of income through secondary ventures, the primary job still holds significant value and importance as there is never any guarantee regarding the success of secondary, exploratory ventures. Therefore, it is crucial for companies to provide their employees with a sense of security and stability in their primary roles, which can act as a shock absorber and a cushion against potential failure or job loss.
In order to decide on the issue of
moonlighting, companies must consider the reasons behind the employees’
engagement in such behaviour. If the employee is motivated by financial constraints,
or the need to supplement their income, it is important to limit the duration
of their moonlighting period due to the risk of exhaustion and burnout, as they
may already be working long hours at their primary job. In such a status quo,
companies should take proactive steps to support their employees both
economically and positively. Rather than prioritizing profit-making exclusively
for the benefit of top-level management, it is important for companies to
identify the limitations of such a mercenary mindset. Equitable distribution of
profits is necessary to create a comfortable and valued working environment for
employees, which is essential for the long-term success of the organization
Another way in which organizations
can support their employees economically and positively is by offering flexible
work arrangements, such as telecommuting or remote work and part-time work,
which can enable individuals to pursue other avenues without having to
compromise on their primary job responsibilities. Additionally, companies can
provide their employees with access to training and development opportunities,
which can enhance their skillset and increase their earning potential.
Moreover, companies must recognize
the importance of building a culture of trust and transparency, where employees
feel empowered to voice their concerns and seek support when needed. Some
employees may seek a safer and healthier work environment with sufficient
resources to support their well-being. Providing ample incentives and a supportive
workspace could potentially mitigate the need for moonlighting as a means of
supplementing their overall aspiration of ‘perfect employment’.
One of the major causes of
moonlighting is the employees wanting to pursue an engagement that provides
them with better earnings and work hours, which are required to maintain a
healthy lifestyle. This inference comes from the ‘hours restriction’ theory,
which essentially states that there should be limitations on the number of
hours an employer can require an employee to work in a day or a week.[19] This
theory in labour and employment law is premised on the notion that prolonged
work hours can have adverse consequences on various facets of an employee’s
life.[20] Excessive
working hours can contribute to various physical health problems, such as
cardiovascular diseases, musculoskeletal disorders, and fatigue.[21]
Similarly, prolonged work hours can also negatively impact an employee’s mental
health, contributing to depression, anxiety, burnout, strained personal relationships
etc.[22]
Therefore, understanding the nuances
of these differences in the motivation behind moonlighting can help in the
formulation of efficacious policies and recommendations for managing the
practice in the industry.
BEYOND RESTRICTIVE POLICIES: A FRAMEWORK FOR ENCOURAGING RESPONSIBLE DUAL
EMPLOYMENT
The trend of moonlighting has seen a
significant uptick since the 2008 financial crisis, leading to increased
scrutiny from both employers and policymakers due to concerns of potential
deception towards the primary employer and the possible risks posed to the main
course of employment, as evidenced by the various factors elaborated upon
earlier. However, the current circumstances necessitate a reevaluation of the
conventional stances on moonlighting and the consideration of alternative
approaches that balance the interests of both the employee and employer. This
could involve the implementation of policies that permit a regulated form of
moonlighting that addresses the needs of both parties while minimizing potential
risks and conflicts of interest.
Legal statutes regarding the duration
of work, the availability of temporary contracts during periods of economic
slowdown, and the potential lack of a statutory wage floor may impact the
overall earnings of individuals engaged in their primary occupation.[23] Several
pieces of research indicate that the inclination to pursue moonlighting
opportunities is largely driven by the potential for a significant wage boost,
especially among lower-paying jobs. The need of the hour is to create a
comprehensive policy framework that takes into account the unique challenges
and opportunities presented by moonlighting and ensures that workers are fairly
compensated and do not have to face any exploitation or abuse.
Rather than implementing strict rules
or policies that make moonlighting illegal, companies should embrace it as a
new norm and work to establish guidelines that ensure both parties benefit from
the arrangement. It is imperative that the Human Resources (HR) departments
develop measures to safeguard confidential information, protect against
conflicts of interest, and incentivize employees to prioritize their primary
job responsibilities. This, along with safeguarding the company’s confidential
information, builds trust and confidence among employees. It also promotes a
culture of accountability, mutual respect, and responsibility.
By taking a proactive approach to
‘moonlighting’, companies can leverage the skills and expertise of their
employees to drive innovation, increase productivity, and ultimately gain a
competitive advantage in the marketplace.
Policymakers are increasingly
prioritizing the recognition and validation of skills gained through part-time
work as a means of enhancing job mobility and creating a more flexible labour
market. In light of the current context of double employment, employees who
breach contractual duty should be given the benefit of doubt, as disciplinary
actions must be contextual and situational. A fair and impartial process,
possibly through an arbitrator, should be employed for disciplinary
proceedings. Ultimately, disciplinary actions must be proportional to the
offence committed and must be based on reasonable rules deliberated upon by
both parties as part of the employment contract and governance policies of the
corporation.
The issue of double employment in
India has been addressed in various state-level legislations, such as the Delhi
Shops Act, Bombay Shops Act, as well as in some provisions of the Industrial
Employment (Standing Orders) Rules. However, at the central level, only Section
60 of the Factories Act prohibits double employment, and this applies only to
factory workers.[24] In the
absence of a legal restriction at the central level, an employee is free to
engage in double employment if there is no prohibition in the employment
contract and no non-compete clause is in effect. This legal landscape raises
questions about the effectiveness of current laws and policies in addressing
the potential risks and conflicts of interest associated with moonlighting.
With the IT sector in India undergoing a paradigm shift towards
entrepreneurship and the Startup India initiative, it may be opportune to
develop an ecosystem that allows for secondary employment without compromising
the efficiency and trust of the primary employer.
One possible solution that we propose is the mandate to obtain a No Objection Certificate (NOC) from the first employer to the second employer. This NOC can be verified by a government authority to ensure compliance and accountability, including for taxation and other regulatory objectives. Such a mechanism would be a step towards creating an effective policy that accommodates the requirements of both employees and employers.
A regulatory body dedicated to
managing dual employment in the IT sector can be made responsible for verifying
the NOCs issued by primary employers to their employees seeking secondary
employment. This body shall consist of a national board and two state-level
boards, one overseeing secondary employment in the non-IT sector and the other
dedicated to overseeing secondary employment within the IT sector. The NOCs
must be verified by the appropriate board before the employee can begin their
secondary employment. By implementing a streamlined procedure, the government
can effectively serve as a third party and remain informed about the ongoing
developments in the concerned sector.
As the IT sector continues to expand
globally, and telecommuting becomes increasingly common, it is important for
India to integrate its IT sector into the global market. This calls for a streamlined process of obtaining NOCs for
individuals working for international employers while located in India. For
this, the proposed national regulatory body should include provisions for
verifying and issuing NOCs for international employment. This will benefit the
Indian IT sector along with creating new opportunities for employees to work
with global clients, contributing to India’s economic growth and development in
the digital age. This national board should work in conjunction with the
state-level boards to maintain consistency and standardization in the overall
regulatory process. By implementing such a system, the IT sector can facilitate
international job opportunities for employees without compromising the
integrity and efficiency of their primary employment.
It is imperative that the said NOC issued by the regulatory body contains specific and detailed information regarding the secondary job. This includes the rationale for pursuing the additional job, the nature of the work involved, the expected working hours and remuneration, among other relevant details. By mandating the inclusion of such information in the NOC, the regulatory body can ensure that the employee is engaging in a legitimate and lawful form of double employment, without jeopardizing the primary course of employment or breaching any ethical or legal obligations. Such measures can also help in promoting greater accountability and compliance among both employers and employees, thereby fostering a more sustainable and responsible approach towards double employment in the IT sector.
It is imperative that the said NOC issued by the regulatory body contains specific and detailed information regarding the secondary job. This includes the rationale for pursuing the additional job, the nature of the work involved, the expected working hours and remuneration, among other relevant details. By mandating the inclusion of such information in the NOC, the regulatory body can ensure that the employee is engaging in a legitimate and lawful form of double employment, without jeopardizing the primary course of employment or breaching any ethical or legal obligations. Such measures can also help in promoting greater accountability and compliance among both employers and employees, thereby fostering a more sustainable and responsible approach towards double employment in the IT sector.
In the event that an employer denies
a NOC for double employment, a letter must be provided detailing the reasoning
behind the decision. This letter should be sent to the appropriate regulatory
body, depending on whether the request pertains to IT to non-IT or IT to IT
employment or international employment. If the regulatory body accepts the
reasoning provided in the letter, the decision stands. However, if the
regulatory body rejects the reasoning, the employer must either issue the NOC
or submit a new letter with a fresh rationale for rejection within 15 days of
the initial decision and send it to the regulatory body for further review. It
is crucial that the regulatory body assesses these requests with utmost care to
ensure that the interests of all parties involved are protected and that the
system remains transparent, accountable, and fair.
A scenario may arise where an
employee disagrees with the reason given by the body for not issuing a No
Objection Certificate (NOC) even if it is acceptable to the body. In such an
event, there is another opportunity for redressal. By the virtue of the
employee being covered under the scope of “workmen” under the current
Industrial Disputes Act 1947, they can invoke Section 11 of the Industrial
Disputes Act that deals with the ‘Procedure and powers of conciliation
officers, Boards, Courts and Tribunals’.[25]
However, it is worth noting that a fee is typically required to deter employees
from making frivolous applications in the event of the NOC being denied.
CONCLUSION
The conventional work structure of a
single job per employee is undergoing a transformation, as individuals seek to
augment their income streams through multiple employments. This trend is
particularly evident in the IT sector, where the demand for specialized skills
has resulted in an increasing number of individuals taking up secondary jobs as
consultants or freelancers. Individuals at different levels of the
organizational hierarchy may explore additional sources of income through
different means. For instance, those at the higher echelons of organisational
hierarchies may consider offering consultancy services, whereas those at the
lower end may opt to engage in the gig economy through multiple jobs.
Allowing employees the opportunity to
work for multiple employers, with proper regulations in place, is essential in
today's competitive job market. Restricting an employee's ability to engage in
outside financial activities or work for a competing business excessively
impedes their ability to exercise their talents, pursue their interests, and
supplement their income. Regularised double employment has the potential to
facilitate skill acquisition, promote professional development, and sustain
employee productivity. Therefore, it is crucial to legalize and structure
multiple job holding to support human capital development and promote economic
sustainability. Existing policies and regulations that limit outside
activities, particularly in the IT industry, must be re-evaluated.
The Indian workforce is constantly
evolving with new trends and practices. As the country contemplates a shift
towards a 4-day work week, it is vital to reevaluate the policies surrounding
moonlighting and explore the possibility of legalizing and structuring dual
employment. With the advent of entrepreneurship and the IT startup boom in
India, there is a growing need for a regulatory framework that allows for a
regulated form of double employment. The traditional stance of deterring
moonlighting may no longer be suitable for the changing times. By creating such
a regulatory body to tackle the issuance and verification of NOCs for secondary
employment, the Indian workforce can benefit from a more structured approach to
moonlighting that minimizes risks and conflicts of interest. Moonlighting may
very well be the future of work, and India needs to embrace this change by
transforming its regulations to accommodate this emerging trend.
[1] Pouliakas K, “Multiple Job-Holding: Career Pathway or
Dire Straits?” [2017] IZA World of Labor <https://wol.iza.org/articles/multiple-job-holding-career-pathway-or-dire-straits/long> accessed 20th December 2022.
[2] “Moonlighting” Sociology of Work: An Encyclopedia
(2013) Vol 1
[3] Ahmad Dar S and Sakthivel DP, “Maslow’s Hierarchy of
Needs Is Still Relevant in the 21st Century” [2022] Journal of Learning and
Educational Policy 1 <http://dx.doi.org/10.24193/tras.59E.7 > accessed 27th December, 2022
[4] Seema, Choudhary V and Saini G, “Effect of Job
Satisfaction on Moonlighting Intentions: Mediating Effect of Organizational
Commitment” [2021] 27 European Research on Management and Business Economics
100137 <https://doi.org/10.1016/j.iedeen.2020.100137 > accessed 28th December 2022.
[5] “The Cumulated Impact of the COVID?19 Crisis on
Employment and Hours of Work Is Ten Times Greater than during the Global
Financial Crisis” [2020] OECD Employment Outlook <https://doi.org/10.1787/1686c758-en > accessed
31st December 2022
[6] Jabbar A and Shahzad M, “Impact Analysis of Covid-19
on Employment Trends” (2022) <https://assets.researchsquare.com/files/rs-1292246/v1/12f6e1d3-0eb8-4933-a800-5981e7228510.pdf?c=1643205606> accessed 2nd January 2023
[7] ??Diphoorn T, “Moonlighting: Crossing the
Public-Private Policing divide in Durban, South Africa” [2017] Oxford
Scholarship Online <https://doi.org/10.1093/oso/9780190676636.003.0009 > accessed 10th January 2023
[8] Seema, Choudhary V and Saini G, “Effect of Job
Satisfaction on Moonlighting Intentions: Mediating Effect of Organizational
Commitment” [2021] 27 European Research on Management and Business Economics
100137 <https://doi.org/10.1016/j.iedeen.2020.100137 > accessed 28th December 2022
[9] Estlund CL, “Between Rights and Contract: Arbitration
Agreements and Non-Compete Covenants as a Hybrid Form of Employment Law” [2006]
SSRN Electronic Journal <10.2139/ssrn.911284>
accessed on 12th January 2023
[10] Dr. A. Shaji George, & A.S. Hovan George. ‘A
Review of Moonlighting in the IT Sector And its Impact. Partners Universal
International Research Journal’, (2022) <10.5281/zenodo.7114049>
accessed on 1st January 2022
[11] ibid
[12] ibid
[13] ibid
[14]Santana M,“The Impact of Covid-19 on the Future of
Work and a Research Agenda for the Future of Work” (2021) New Directions in the
Future of Work 183 < https://doi.org/10.1108/978-1-80071-298-020211021 > accessed on 20th January 2023
[15] Dr. A. Shaji
George, & A.S. Hovan George. . ‘A Review of Moonlighting in the IT Sector
And its Impact. Partners Universal International Research Journal’, (2022) <10.5281/zenodo.7114049>
accessed on 1st January 2023
[16] Dr. Vidya S “Moonlighting’ Is a Double-Edged Sword!
Beware of Legal Repercussion” (Business Today, 2022, <https://www.businesstoday.in/jobs/story/moonlighting-is-a-double-edged-sword-beware-of-legal-repercussions-345517-2022-08-24> accessed on 31st January 2023
[17] Dr. A. Shaji George, & A.S. Hovan George. . ‘A
Review of Moonlighting in the IT Sector And its Impact. Partners Universal
International Research Journal’, (2022) <10.5281/zenodo.7114049>
accessed on 1st January 2023
[18] Busulwa R and Evans N, “Digital Business, the Digital
Business Imperative, and Digital Business Transformation” [2021] 29 Digital
Transformation in Accounting <10.4324/9780429344589-5>
accessed on 5th february 2023
[19] Pouliakas K, “Multiple Job-Holding: Career Pathway or
Dire Straits?” [2017] IZA World of Labor <https://wol.iza.org/articles/multiple-job-holding-career-pathway-or-dire-straits/long> accessed 20th December 2022.
[20] Caruso CC, “Negative Impacts of Shiftwork and Long
Work Hours” (2014) 39 Rehabilitation Nursing 16 <10.1002/rnj.107>
accessed 31st January 2023
[21]Kivimäki M and others, “The WHO/ILO Report on Long
Working Hours and Ischaemic Heart Disease – Conclusions Are Not Supported by
the Evidence” (2020) 144 Environment International <https://doi.org/10.1016/j.envint.2020.106048 > accessed 10th february 2023
[22] Pouliakas K, “Multiple Job-Holding: Career Pathway or
Dire Straits?” [2017] IZA World of Labor <https://wol.iza.org/articles/multiple-job-holding-career-pathway-or-dire-straits/long> accessed 20th December 2022.
[23] “Why This Clause in Your Employment Contract Is
Unenforceable.” (Baker & Company, 1 June 2022), <https://bakerlawyers.com/employment-law/why-this-clause-in-your-employment-agreement-is-unenforceable/> accessed 21st January 2023.
[24] The Factories Act, 1948 (India)
[25] Industrial Disputes Act 1947 (India)
Article Information
ASSESSING MOONLIGHTING IN IT SECTOR: IMPACT AND SOLUTIONS AUTHORED
Authors: ANANYA DESWAL, ANANYA SHARMA
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/04/24
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.