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Moonlighting In India: In the midst of the issue of moonlighting in the country’s IT sector, the Central Government has said that no employee can go against the interests of his employer and do a job elsewhere. The government has said in the Parliament that if any employee works for any company in which he is doing a job and works for any other company along with it, then it will be against the interests of that company.
No information about moonlighting layoffs!
Minister of State for Labor Rameshwar Teli said these things while answering a written question in the Lok Sabha. The question was asked to the government whether it considers moonlighting as a valid reason for firing an employee? The Labor Minister said that the government is not aware of the layoffs being done due to moonlighting. At the same time, he said that the government has not done any study regarding moonlighting. On the question of issuing instructions to the government not to fire any employee due to moonlighting, Rameshwar Teli said that the right lies with the state government.
State governments have the right to retrench in IT companies
Matters related to retrenchment in the industrial sector are applicable under the Industrial Disputes Act 1947. According to the ED Act, an establishment employing 100 persons or more has to take approval from the government for retrenchment or closure of the factory. Apart from this, any retrenchment is considered invalid. There is also a provision to provide re-employment along with compensation to the workers when the provisions of the ID Act are retrenched. The jurisdiction of the interests of the workers is divided between the Central and the State Governments. The issue related to retrenchment in social media, multinational companies and Indian IT companies and edu tech firms comes under the jurisdiction of state governments.
Moonlighting case in IT sector
In fact, in recent times, the matter of moonlighting in the IT sector is continuously coming to the fore. When an employee works for an organization other than his regular job, it is technically called moonlighting. Wipro has fired 300 employees on charges of moonlighting. Infosys has taken action against employees doing moonlighting in 12 months. Infosys has also warned its employees about moonlighting i.e. working at two places simultaneously. In an email sent to employees with the title ‘No Double Lives’, Infosys said that disciplinary action will be taken against the employee if found working at two places simultaneously, as well as loss of job.
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