Infosys has sent an official email to its employees, asserting that dual employment or 'moonlighting' is not allowed. In a strong and firm message to employees on Monday, India's second-largest IT services firm said, "No two-timing - no moonlighting!"
The company has warned that any violation of contract clauses will trigger disciplinary action "which could even lead to termination of employment", reported PTI.
What is moonlighting?
Moonlighting refers to employees taking up side gigs to work on more than one job at a time.
According to the report, Infosys' internal communication titled "No double lives" makes it clear that "dual employment is not permitted as per...Employee Handbook and Code of Conduct". It also cites the relevant clause in the offer letter to drive home the point. The mail stated, "Any violation of these clauses will lead to disciplinary action which could even lead to termination of employment."
In detail, the mail said, "Moonlighting is a practice of working on a second job during the normal business hours/outside business hours. Infosys as a company strictly discourages dual employment."
The company has asked managers to sensitise their teams on dual employment and the "consequences" of moonlighting. "You are expected to immediately report any instances of moonlighting to your respective unit HR," Infosys said.
The move comes at a time when the issue of moonlighting by tech professionals has ignited a fresh debate, polarising opinions, and raising thorny legal questions within the industry.
Some industry watchers have been cautioning that employers may consider extra safeguards to protect proprietary information and operating models, especially where employees are working remotely.
According to analysts, companies could also turn tougher on exclusivity clauses in employment contracts.
Wipro Chairman Rishad Premji flagged the practice of moonlighting, equating it to "cheating". However, the voices and opinions within the industry have been rather divided on the issue.
Pune-based union Nascent Information Technology Employees Senate (NITES) has strongly condemned the "threatening email" sent by Infosys to employees. The union has argued that moonlighting "is not feasible" for a number of reasons.
"Aadhaar card and PAN card are now mandatory for joining any company. The government has also linked the Aadhaar card to the Employees Provident Fund account and each employee has a unique Universal Account Number (UAN) for the provident fund," Harpreet Singh Saluja, president of NITES, said, adding it is not possible for two companies to submit an employee’s provident fund contribution in one month.
Further, NITES said employees in the IT sector are working under pressure to meet deadlines. "IT employees are working more than nine hours a day without any overtime benefits. Would there be any energy or time left if an employee is working 10-12 hours a day. Many IT firms have also developed monitoring systems to measure employee’s productivity," the union pointed out.
NITES, while terming such employee mailers on moonlighting as "illegal and unethical" and related contract clauses as arbitrary, emphasised "what the employees do outside working hours is their prerogative".