This article has been written by Ms.Haya Khan, a student studying in B.A,LL.B. from Amity University,Kolkata.The author is a 2nd year Law student.
INTRODUCTION
Moonlighting is a term used to describe the practice of holding down a second job or engaging in freelance work outside of one’s regular employment. The term was originally coined to refer to employees who worked at night, under the light of the moon, to earn extra income. However, it has evolved to include any form of additional work taken on by an individual, regardless of the time of day or night.
Moonlighting has become increasingly common in recent years, as more and more individuals look for ways to supplement their income or pursue their passions outside of their day job. While moonlighting can be a great way to make extra money, there are some potential drawbacks that individuals should be aware of before they start taking on additional work.
One of the main benefits of moonlighting is the additional income it can provide. For many people, their day job may not be enough to cover all of their bills or allow them to save for the future. By taking on a second job or freelance work, individuals can increase their income and improve their financial situation. This can be especially beneficial for those who are trying to pay off debt, save for a down payment on a home, or build an emergency fund.
In addition to the financial benefits, moonlighting can also provide individuals with the opportunity to pursue their passions outside of their day job. For example, someone who works in a corporate job during the day may moonlight as a musician, artist, or writer in their spare time. This can be a great way to explore new interests and develop skills that may not be utilised in their day job.
Despite the potential benefits, moonlighting can also have some drawbacks. One of the main concerns is the potential for burnout. Juggling multiple jobs can be exhausting, especially if one or both jobs require a significant amount of time and energy. This can lead to increased stress, decreased productivity, and even health problems.
Another potential drawback of moonlighting is the impact it can have on one’s primary job. If an individual is not able to balance their additional work with their day job, it can lead to decreased performance and potentially even job loss. In addition, some employers may have policies in place that prohibit moonlighting, and employees who engage in this practice may be at risk of disciplinary action.
It’s also important to note that moonlighting can have legal implications. For example, some professions may require licenses or certifications that prohibit individuals from taking on outside work. In addition, moonlighting may violate non-compete agreements or intellectual property agreements that an individual has with their primary employer.
Despite these potential drawbacks, there are ways to mitigate the risks of moonlighting. The first step is to ensure that the additional work is compatible with one’s primary job. This may involve finding a job that allows for flexible hours or freelance work that can be done on a part-time basis. It’s also important to communicate with one’s primary employer and ensure that there are no conflicts of interest or policies in place that prohibit moonlighting.Another way to mitigate the risks of moonlighting is to prioritise self-care. This may involve setting boundaries and limiting the amount of time spent working, as well as engaging in activities that promote relaxation and stress relief.
CASES REGARDING MOONLIGHTING IN INDIA
Moonlighting refers to the practice of working a second job or engaging in additional work on the side, usually outside of regular working hours. In India, moonlighting has become a common phenomenon due to various reasons, including low salaries, rising cost of living, and limited job opportunities. However, moonlighting can have legal and ethical implications, and there have been several cases in India related to this practice.
One of the most well-known cases of moonlighting in India is the case of Anand Kumar, the founder of the Super 30 coaching institute. Kumar, who was a mathematics teacher at a government school, started the Super 30 coaching institute to help underprivileged students crack the highly competitive IIT-JEE exam. However, he was accused of moonlighting and was suspended from his teaching job. Kumar challenged his suspension in court and was eventually reinstated as a teacher. However, he continued to run the Super 30 coaching institute, which has since gained worldwide recognition for its success in helping students from underprivileged backgrounds achieve their dreams.
Another case of moonlighting in India involved a government official, K. Chandramouli, who was the director of the Indian Institute of Management (IIM) Tiruchirappalli. Chandramouli was accused of moonlighting as a director of a private institute, which was a violation of the All India Services (Conduct) Rules. The government initiated an inquiry into the matter, and Chandramouli was found guilty of misconduct. He was subsequently removed from his position at IIM Tiruchirappalli and was barred from holding any public office for two years.
Moonlighting has also been a contentious issue in the Indian film industry. In 2018, actor Nawazuddin Siddiqui was accused of moonlighting and was issued a legal notice by the Film and Television Producers Guild of India. Siddiqui was accused of working on a film without the permission of the producers, which was a violation of his contract. The matter was eventually resolved, and Siddiqui was allowed to continue working on the film.
Another case of moonlighting in the film industry involved actor Arshad Warsi, who was accused of working on a commercial without the permission of his producers. Warsi had signed a contract that stated that he could not engage in any other commercial or film project during the duration of the contract. However, he was found to have worked on a commercial for a competitor, which led to legal action being taken against him. The matter was eventually resolved, and Warsi was allowed to continue working on the project.
Moonlighting has also been a contentious issue in the healthcare industry in India. In 2019, a resident doctor at a government hospital in Mumbai was suspended for moonlighting at a private hospital. The doctor had been working at the government hospital during the day and had been working at the private hospital at night. The matter was brought to the attention of the authorities, and the doctor was suspended pending an inquiry.
In another case, a senior doctor at a government hospital in Tamil Nadu was accused of moonlighting at a private hospital. The doctor had allegedly been performing surgeries at the private hospital during his off-duty hours, which was a violation of the government’s service rules. The matter was brought to the attention of the authorities, and the doctor was suspended pending an inquiry.
Moonlighting can have legal and ethical implications in India, and it is important for employees to be aware of the rules and regulations regarding additional work. In most cases, moonlighting is not allowed for government employees and can lead to suspension or dismissal. For private sector employees, moonlighting may be allowed, but it is important to check the terms and conditions of the employment contract before taking
CONCLUSION
In conclusion, moonlighting can be a great way to supplement income, pursue passions, and develop skills outside of one’s day job. However, it’s important to be aware of the potential drawbacks and to take steps to mitigate the risks. By finding a compatible second job or freelance work, communicating with one’s primary employer, and prioritising self-care, individuals can successfully balance multiple jobs and achieve their financial and personal goals.
REFERENCES
https://www.indeed.com/hire/c/info/moonlighting-employees
https://www.geeksforgeeks.org/what-is-moonlighting-is-moonlighting-legal-or-illegal/
https://razorpay.com/payroll/moonlighting-meaning-and-timeline/