13 Feb 2026
Moonlighting: Important considerations for organisations and employees
12 Apr 2023
12 Apr 2023
This article was contributed as a column in Legal Industry Reviews’ India Edition.
Recently, the issue of “moonlighting” has sparked a debate in the information technology industry in India and has led to discussions over the legality of this practice. “Moonlighting”, though not statutorily defined under the Indian law, is generally understood as taking up additional work (during or after working hours and/or on holidays) outside of one’s normal employment. This is usually done either through taking up secondary employment or through freelancing projects on a contractual basis.
While there is no specific law that deals with moonlighting in India, certain laws like the Factories Act, 1948 and few state Shops and Establishment Acts (such as in Delhi, Punjab, Telangana) prohibit employees (or in some cases employers) from “being employed” (or from “employing” individuals) for more than the statutorily prescribed working hours in another factory or establishment. Such provisions wouldn’t cover individuals taking up multiple part-time jobs or freelancing projects but restrict the total number of hours worked within the maximum statutory working hours.
Moonlighting by employees leads to the likelihood of an employee disclosing confidential and other sensitive information to a competitor and gives rise to the possibility of unauthorized use of the employer’s resources by the employee. Further, it can deprive the employer from procuring best services as employees engaging in multiple jobs may get over-worked and become less efficient.
Download PDF
Deal: Trilegal advises Signature Global on ~INR1,283 crore strategic investment by RMZ for ~INR 14,000–16,000 crore capital value project between Signature Global (India) and RMZ Group
Deal: Trilegal advises Blackstone on an investment in AI infrastructure provider Neysa Networks
Deal: Trilegal advised Supertails and Venturi on Supertails’ Series C fundraise of USD ~30 million
Under the rules of the Bar Council of India, Trilegal is prohibited from soliciting work or advertising in any form or manner. By accessing this website, www.trilegal.com, you acknowledge that:
We prioritize your privacy. Before proceeding, we encourage you to read our privacy policy, which outlines the below, and terms of use to understand how we handle your data:
For more information, please read our terms of use and our privacy policy.
