Is 'moonlighting' a fireable offence in India?

The Indian government has expressed its opposition to “moonlighting,” citing the country's labour laws that prohibit the practice, according to reports. 

Moonlighting is the practice of undertaking two full-time jobs at the same time, a controversial act that has become popular among employees as remote work granted them more time and freedom.

But in India, the government made known that the practice is against its labour laws.

"As per the Industrial Employment (Standing Orders) Act 1946, a workman shall not at any time… work against the interest of the industrial establishment in which he is employed and shall not take any employment in addition to his job in the establishment, which may adversely affect the interest of his employer," said Minister of State for Labour and Employment Rameshwar Teli as quoted by Press Trust India (PTI).

The minister was answering a question in Parliament on whether moonlighting is a fireable offence. So far, Teli said the government has yet to garner data on whether employees have been laid off because of the practice.

"Employment and retrenchment including layoffs are a regular phenomenon in industrial establishments. No specific information is available to indicate that lay-offs are happening due to moonlighting," he said in PTI.

In a recent Qualtrics report, 59% out of 1,015 employees in Singapore revealed that they are looking or planning to find a second job to keep up with their current living expenses.

In Australia, the number of employees with more than one job hit a 27-year high of 6.5% in 2021, according to data from the Australian Bureau of Statistics.

Companies take sides on moonlighting

The question in India's Parliament came up following reports that many employees, particularly IT professionals, have been undertaking two full-time jobs amid the pandemic.

India-based food delivery platform Swiggy was among the employers that allowed the practice by developing a "Moonlighting Policy."

The policy allows employees to take on another project or activity outside work hours as long as it does not affect their productivity and it does not have any conflict of interest.

But for other employers, moonlighting is not acceptable. For example, Rishad Premji, chairman of India-based IT corporation Wipro, called moonlighting "cheating."

"There is a lot of chatter about people moonlighting in the tech industry. This is cheating — plain and simple," he said in a tweet.

Infosys, a major IT services company in India, also previously warned employees that moonlighting could potentially "lead to termination of employment," according to another PTI report.

"No two timing, no moonlighting!" the company was quoted as saying.

In October, however, the company loosened its restrictions and said it would allow employees to take on "gig" jobs as long as they have their managers' consent.