The Dichotomy Of Moonlighting In India: Ethical And Legal Analysis With Employer-Employee Perspectives And Path To Acceptance

Abstract

Infosys India, issued a stark warning, "No Double Lives," and subsequently laid off 300 employees for moonlighting. Wipro's Rishad Premji shared a similar view, "Moonlighting is cheating, plain and simple”. IBM’s Sandip Patel also echoed this sentiment. However, there were differing opinions, such as that of Tech Mahindra’s C.P. Gurnani, who said, "If someone is meeting the efficiency and productivity norms and he wants to make some extra money, as long as he is not committing fraud, I have no problem." This conflicting view point is the moonlighting dichotomy.

Research Focus: This research focusses on answering questions like- is moonlighting really unethical? Is moonlighting illegal? Why are employers opposing it? Why are the employees seeking an acceptance? And what can be the best and balanced way forward?

Methodology: This is a conceptual study. The research draws from a wide array of secondary sources, articles, journals, research papers, and various internet resources.

Findings: Core ethical theories like Utilitarianism and Deontology allow Moonlighting within parameters; from legal standpoint, it's acceptable unless it conflicts with employment contracts. Thus, it is propounded that the best way forward is to put moonlighting in a legal framework, establish clear policies and acceptable practices. This would help remove ambiguity and uncertainty, ultimately benefiting all stakeholders involved.