Moonlighting debate heats up after Wipro fires 300; is it 'cheating' or the new normal?

The 'M' word has suddenly caught everyone's attention. If you are wondering what that is? In professional lingo, it stands for Moonlighting and has become a hot topic of discussion after IT major Wipro, sacked 300 of its employees because they were found moonlighting.

WHAT IS A MOONLIGHTING POLICY?

Moonlighting is the practice of taking up a second job outside normal business hours. Most private organisations prohibit such a practice and employees are discouraged and pulled up for taking up outside gigs.

But it was back in July that new-age food aggregator Swiggy introduced a moonlighting policy. The policy

allows employees to take up side gigs, meaning external projects could be taken up for pro-bono or economic reasons and would be subject to internal approvals. Interestingly, this was applicable to their full-time employees and not just gig workers.

So, while some companies are open to the idea, others like bigger tech bellwethers are issuing warnings to their employees. Wipro's Rishad Premji equated it to cheating, while Infosys said 'two-timing' then could also lead to termination.

On the contrary, Tech Mahindra's CP Gurnani said that the practice would bring in disruption and help get better talent. He tweeted-- "My thoughts on the trending 'M word'... It's necessary to keep changing with the times, and as always, I welcome disruption in the ways we work"

Speaking to ET NOW about this hot topic, K Ganesh, promoter of BigBasket said that companies would have to specifically define what can and will not be allowed in employees' contracts.

"New generation expects freedom & flexibility at workplaces, however, companies will have to redefine what exactly is moonlighting & cheating. It would be short-sighted if they (companies) only focus on moonlighting and miss out on talent in the bargain" he added.

Manish Sabharwal Chairman & Co-Founder, at Teamlease Services, makes an analogy comparing moonlighting to that of an open marriage.

"Employees can negotiate their contracts, in India, there are 8 types of contracts that employees can choose from. One needs to tread the water carefully while signing the dotted lines. The choice between flexibility and job security will have to be addressed"

So, can one get fired for Moonlighting? Employees will have to go back and read their employment agreements to find out.

LEGALITY OF MOONLIGHTING

While there are certain laws that put restrictions on dual employment in India, those may not be applicable to professionals and may also differ from state to state. According to Section 60 of the Factories Act, 1948, one cannot work at 2 factories simultaneously. Even The Industrial Employment (Standing Orders) Central Rules, 1946, states one cannot take any additional employment which adversely affects the employer's interest. But these laws are meant for workmen at factories and do not necessarily apply to corporates or white-collared jobs. So, while the house stands divided on whether moonlighting is unethical or simply needs to enhance one's talent, the final word shall rest on what employment contracts read, at least for now.