Wipro, the IT giant recently terminated the services of 300 of their employees found guilty of additionally working for rival firms for monetary benefits while being on the payroll of Wipro. Simply put, the employees were sacked for ‘ Moonlighting ‘, a practise which has come under immense scrutiny and debate, particularly in the IT Industry ( spreading to other sectors as well ) across the world. Apart from Wipro, Infosys, TCS, IBM and some other IT firms too voiced their deep concerns on Moonlighting with their employees, though falling short of serious action. There is no doubt that this phenomenon has the potential to bring about a massive disruption in employer-employee relations and also a paradigm shift on work ethics.
Understanding Moonlighting
Moonlighting as defined in the dictonaries, is “ secretly working at a job ( at night ) in addition to an existing regular employment “. Moonlighting came into reckoning ( it may have existed earlier too ) during Covid restrictions, when Work From Home ( WFH ) became the new norm. WFH helped immensely in saving time as people stayed at home, did not travel and hence were able to stretch their productive time span. The extra hours available gave them an opportunity to take up another assignment, another vocation or do something of their choice. In this manner they were able to increase earnings. Not a bad idea. However, when this undisclosed adventure came to light, the regular employers raised objections as they found this so called additional assignment as unethical and contrary to acceptable industry practices.
The Reservations raised by Employers
Apart from being dubbed unethical as Moonlighting was more covert and secretive without transparency, there were other issues as well which the Employers raised.
1. Moonlighting with a rival company was a conflict of interest.
2. There was risk of divulging trade secrets and classified information to rivals, thus adversely affecting the main employer.
3. Moonlighting entailed extra hours of working much beyond the normal hours enhancing physical and mental fatigue which in a way affected productivity of the employee via a vis his/her assignments with the main employer.
These were serious issues raised by companies which in no uncertain terms could be wished away. However in today’s times whether these arguments will hold sway against Moonlighting is a question in itself. There is a very strong counter view to the objections which also need to be understood and analysed.
The Moonlighting Counters
1. In these uncertain times which we live in, laying off employees is a fairly regular phenomenon. Your services may be hired for a period which you may never know. The longevity of the employment is uncertain and therefore trying to maximise earnings in lieu of a valued skill, by picking up another assignment may not be all that unethical. Moonlighting therefore may not actually be a steal but a buffer for troubled times.
2. Employee Fatigue or burnout has been an issue for long, but has never been measured or monitored effectively. We do speak about work – life balance, but companies do demand more working hours from their employees when needed and on several occasions these extended working hours may not get adequately compensated. Moonlighting atleast fetches a monetary reward for the extra hours put.
3. In cases where the Employee contract does not specifically hinder dual employment, then Moonligting may not be a breach of contract and would be legally tenable too.
These too are serious arguments in favour of Moonlighting and therefore a well thought of and calibrated way forward is required.
Finding A Way
It has to be understood that Moonlighting in its present avatar was in many ways a result of exceptional circumstances during Covid and for many it turned out to be a necessity rather than a cool alternative.
Some organisations have realised that employees do have a right to maximise earnings through legal means and that they may not force an individual to follow their instructions beyond the specified contractual daily working schedule. Google has gone a step forward and has allowed its employees to utilise 20% of their time in whatever activities they wish to pursue.
Swiggy, too has allowed its employees to undertake other projects beyond their working hours, provided they do not compromise on their productivity and do not take any assignment which has a conflict of interest.
Tech Mahindra too are working on a poilcy for accomodating Moonlighting, has been widely reported.
A certain amount of acceptability is slowly but surely making inroads in corporate minds which is evident from the examples above. This is a welcome change and in my opinion will lead to a more accomodative and symbiotic relationship between the employer and the employee.
Let people light their own moon and let them make hay…while their moon shines.
References : 1. Article by Jaspreet Bindra, published in the Mint dated 28.10.22
2. Article published in Outlook dated 22.09.22