Search Your Queries Related To Trilegal

Moonlighting: Important considerations for organisations and employees

12 Apr 2023

This article was contributed as a column in Legal Industry Reviews’ India Edition.

By Atul Gupta (Partner)

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 to read more

Trending News

Disclaimer

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:

  • You are seeking information about Trilegal of your own accord and there has been no form of solicitation, advertisement or inducement by Trilegal or its members.
  • This website should not be construed as providing legal advice for any purpose.
  • All information, content, and materials available on this website are for general informational purposes only.
  • Any information obtained or material downloaded from this website is completely at the user’s volition, and any transmission, receipt or use of this website is not intended to, and will not, create any lawyer-client relationship.
  • Information on this website may not constitute the most up-to-date legal or other information. Trilegal is not liable for the consequences of any action taken by any person based on any material or information available on this website, or for any inaccuracy in or exclusion of any information or interpretation thereof.
  • Readers of this website or recipients of content or information available on this website should not act based on any or all such content or information, and should always seek advice of competent legal counsel licensed to practice in the appropriate jurisdiction.
  • Third party links contained on this website re-directing users to such third-party websites should neither be construed as legal reference / legal advice, nor considered as referrals to, endorsements of, or affiliations with, any such third party website operators.
  • The communication platform provided on this website should not be used for exchange of any confidential, business or politically sensitive information.
  • The contents of this website are the intellectual property of Trilegal.

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:

  • The types of information we collect and why we collect them.
  • How we use your information to provide a personalized experience.
  • The measures we take to ensure the security of your data.
  • Your rights and choices in managing your personal information.
  • How we may share information with trusted partners for specific purpose.

For more information, please read our terms of use and our privacy policy.

Up arrow