What is Moonlighting
Introduction-
Moonlighting is considered as when a one person is holding an onther job rather then the existing one . this could be done only to increase income,expenditure ,to live a better life,to maintain standards of life . The work-from-home near encouraged several employees to take on side jobs to supplement their income, causing moonlighting among Indian professionals, which prompted regulatory concerns for enterprises. Doctors frequently consult outside of normal business hours ,teachers frequently coach students through tutions, various institutions. According to me concept of moonlighting is an alternative benefit to the people of the nation in a democratic country like india, this helps people to earn more and also helps people to gain extra knowledge in one and the more field. Employees often participate in artistic creative activities that include volunteering, music, and the development of social media content. The adage gained popularity when Americans began looking for second jobs that would add to their money in addition to their standard 9-5 careers. After numerous employees at information technology companies were dismissed on this basis, the ongoing argument over “moonlighting,” a conventional word for working an extra job in private, has been heating up. Due to reduced margins, major IT firms such as TCS, Wipro, and Infosys said they would delayed or reduce variable pay to employees in the first quarter of FY 2023, which will lead to an increase in moonlighting. Swiggy, among a company that delivers food, introduced an industry-first “Moonlighting policy” in August 2022, allowing its employees to work on additional endeavors after work hours, subject to certain restrictions. A few days after Swiggy’s assertion, Wipro chairman Rishad Premji called doing freelance work “being dishonest. And hence , moonlighting although consists in a india with a greater impact on people.
Moonlighting concept-
Moving to the concept of moonlighting, First of all it is not illegal in india, all the citizens have their right of personal liberty which is mentioned under article 21 of the constitution of india. Employees have the right to do an extra work other than their respective job. It is important for employees to consider the potential consequences. Employees must be aware of the potential disadvantages of working a second job or beginning a side business while still working full-time, such as conflict with their primary employer or even being fired if their secondary employment interferes with their primary job responsibilities. Employees must keep their main employer informed of any secondary employment and ensure that it does not conflict with their primary job duties or employer policies. and to act in accordance with their primary employer’s policies and non- compete agreements. On the other hand, talking about companies/ employer’s perspective , employer’s are not happy with this behavior of the employees because they think the employee may get distracted from their one job in accordance to fulfill the requirements of the other job which is known as moonlighting. And hence,then employers more motivate the employees, so that the employees not get distracted and helps to achieve organizational goals effectively and in an efficient manner. More often, employer’s provide different incentives, perks, and also provide some fringe benefits with the fear that employee may not leave the organization. Another thing to bear in mind is the company contract that you sign at the start of your employment. If there is a provision in the contract that states that no freelancing is permitted, then moonlighting is a violation on the employee’s part. In general, having multiple jobs is legal, but there may be restrictions on working hours and the sort of work that can be done, as well as tax implications.
Conclusion-
To summarize, the concept of moonlighting, or working a second job, is generally legal in India, but it is subject to various laws and regulations, such as those governing working hours, the type of work that can be done, and tax consequences. To comprehend the specific laws and regulations surrounding moonlighting in India, an individual should consult with their primary employer and seek professional advice. If a clause in an employment contract forbids moonlighting, the employee may face disciplinary action, legal action, or damages if they participate in such activities. The precise consequences will be determined by the laws and regulations in the jurisdiction in which the employer is located, as well as the terms of the employment contract. Moonlighting is the practise of working multiple jobs after normal business hours without being noticed by one’s primary employer. Maintaining expertise and productivity while avoiding disengagement, learning new skills, and igniting enthusiasm may all be feasible with part-time work. Moonlighting may also conflict with the main objectives of downtime, breaks, and vacations, as well as harming employees’ physical and emotional well-being and causing burnout. Competitors who obtain access to the employer’s knowledge, data, and technology pose a risk as well. In India, there is still no comprehensive legislation against moonlighting that applies to all professions. As a result, whether moonlighting is legal or illegal depends heavily on the employers and the terms of their job. Moonlighting is the practise of working multiple jobs after normal business hours while remaining unaware of one’s primary job. Even if employers include a conflict-of-interest provision and an exclusive clause prohibiting moonlighting in the job agreement, legal limits alone will not produce the desired results in the absence of confidence and engagement. It is past time to create a comprehensive policy outlining what is and is not permissible, allowing employees to work outside of their full-time job.
Case laws– 1. In a case involving the transfer of an hand from a plant to the head office, director, Pyarchand Kesarimal Ponwal Bidi Factoryvs. omkar Laxman Thange and others( AIR 1970SC 823), the supreme court made the following compliances “ the general rule in respect of the relationship of master and menial is that a subsisting contract of service with one master is a bar to service with another master unless the contract else provides or the master warrants. Composition 21 of the constitution includes the right to life and particular liberty.
The right to life has been read astronomically with the right to livelihood in the case of the Board of Trustees of the Port of Bombayv. Dilipkumar Raghavendra Nath Nandkarni( 1983) 1 SCC 124. – The Court concluded that” the right to life” guaranteed by Composition 21 encompasses” the right to livelihood”.
The Madras High Court in the case of Government of Tamil Naduvs. Tamil Nadu Race Course General workers Union( 1993 I LLJ 977 frenetic), citing the forenamed Supreme Court, there may not be any prohibition to have binary employers.
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