IMB 947

ABHISHEK SAHU, AND DEBOLINA DUTTA

THE INDUSTRY DILEMMA: ALLOW ETHICAL MOONLIGHTING OR LOSE TO GIG

WORKING?
The National Human Resource Development Network (referred to as NHRDN hereafter)—Kolkata Chapter meeting
took place on a cool October evening in 2022 at Taj Bengal. The topic of the conclave was “Enabling A Hybrid Work
Environment”, which was chaired by Dr Meenakshi Khemka, Life Member, NHRDN—Kolkata Chapter. Several
distinguished speakers, including Chief Human Resource Officers (CRHOs) and Chief Executive Officers (CEOs)
attended the conclave. The pandemic-led disruption of “flexibility” was viewed with mixed feelings by the HR
community, who were still struggling to define the boundaries and frameworks for diverse workforce needs.
However, a newer dilemma emerged for the Information Technology (IT) and Information Technology Enabled
Services (ITeS) firms. The recent headline of a top Indian IT/ITeS service provider firing 300 of its permanent
workforce for moonlighting1 had brought the debate to the forefront of HR leader agendas. Raj Prabhu, Head of HR
of a leading IT services firm, stated:

We are all for flexibility! In fact, before the pandemic, telecommuting was a practice widely accepted and
followed mainly by the IT/ITeS industries. But now, coupled with the “great resignation,” we are scared of
enforcing the old rules of a limited number of days employees could work from home. Even big brands such
as Apple, are unable to enforce this.2 Unfortunately, it is not the flexibility employees seek to manage their
work-life balance. It is the flexibility to work multiple jobs in parallel or during different time zones that are
now emerging. Moonlighting 3 is now being seen as a right!

Prateek Malghan, a gray-haired member of the audience, who headed a small startup, had set the cat among the
pigeons when he argued in favor of moonlighting:

How is this different from a gig working? I cannot afford to hire a project manager at the salaries that the
IT services firms pay. But I have a couple of project managers, working full time in other firms, and working
gig assignments for me, and I pay them based on outcomes. There is a market for these services, and if a
project manager can juggle all the balls he/she has to, what is wrong?

On the other hand, Rajesh Rai, Vice President, People Team and Head of Human Resources, GlobalLogic, vehemently
opposed the idea of moonlighting.

1
https://www.ndtv.com/business/wipro-fires-300-employees-for-moonlighting-heres-how-companies-catch-such-acts-3371864 Last accessed
on December 9, 2022
2
https://www.bbc.com/news/technology-
57385999#:~:text=Event%20attendees%20gather%20at%20the%20Steve%20Jobs%20theatre,at%20least%20three%20days%20a%20week%20
by%20September Last accessed on May 15, 2022
3
“Moonlighting” is the practice of working one or more jobs apart from a primary job

Abhishek Sahu, Journalist with Network18 Group and Debolina Dutta, Professor of Practice, OB &HRM, IIM Bangalore, prepared
this case for class discussion. The company cooperated and provided information to IIMB in connection with the preparation of
this case. No funding was received from NHRD for the development of this case. Some of the names of individuals have been
anonymized. The case was reviewed and approved before publication by a company designate. This case is not intended to serve
as an endorsement, source of primary data, or to show effective or inefficient handling of the decision or business processes.

Copyright © 2023 by the Indian Institute of Management Bangalore. No part of the publication may be reproduced or transmitted
in any form or by any means – electronic, mechanical, photocopying, recording, or otherwise (including internet) – without the
permission of Indian Institute of Management Bangalore.
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 The Industry Dilemma: Allow Ethical Moonlighting or Lose to Gig Working?

There is only X number of hours in a day that one is fully productive, and one should give 100%—the whole
self to work. In this case (moonlighting), it may or may not be possible because energies are split. Besides,
our benefits include providing work-life balance. What balance is left if the employee uses the paid rest
time to do something else!

The audience and the panel members erupted into heated debates. While the decibel levels rose in the meeting hall,
a few hospitality members of the hotel wondered if they needed to do something as the arguments seemed to be
spiraling out of control.

THE POST-PANDEMIC CHANGING ENVIRONMENT

When the COVID-19 pandemic hit India, it was followed by a complete lockdown in March 2020. Every industry was
scrambling to implement business recovery solutions deliberated year after year, preparing them for uncertainty
and risk mitigation. While nothing had prepared organizations for the situations that required the workforce to be
homebound, large-scale digitization and rapid technology adoption enabled “work from anywhere and anytime” for
large sections of the white-collar workforce. Multinational companies (MNCs) and even technology startups were
early adopters, allowing flexibility in their own capacity. While professional services major, Deloitte, gave its 20,000
employee the choice of when, where, and how they work, 4 an Indian gaming startup, Games2win announced a
permanent work-from-home opportunity for all 200 employees. 5 Nevertheless, this practice slowly became a
necessity and not a choice. Apart from the remote working trend, India witnessed its own version of “The Great
Resignation,”6 and the phenomenon continued to gain momentum. In 2021, 1500 companies from more than 40
industries reported attrition of 21% compared to 12.8% in 2020. 7 With the majority of the Indian workforce (74%)
demanding continued flexibility options, both technology and other industry sectors struggled to devise ways to
adapt their organizations’ job roles and policies.

A study titled “Work in Progress”8 surveyed 500 Indian office workers as part of a larger study that surveyed over
2,000 workers in the U.S., U.K., and India on their attitudes about work and the future of technology in the workplace.
The study indicated that one out of two Indian office workers held more than one job to supplement income and
also learn new skills. According to a McKinsey study, 70% of employees said that their work defined their sense of
purpose9 (Exhibit 1). The experience of purposefulness was achieved when striving toward something significant
and meaningful. A fundamental change in the workforce’s value underpinned a structural change in the labor
markets, with 63% of the sample respondents wanting employers to provide more opportunities for purpose in day-
to-day work.10 Further, finding purpose in the workplace led to “The Great Reshuffle.” 11

Ryan Roslansky, CEO of the professional networking platform, LinkedIn, took to his own social media channel 12 to
announce the change in employee sentiment.

4
https://www.linkedin.com/news/story/deloitte-says-work-where-you-want-5082620/ Last accessed on April 10, 2022
5
https://hr.economictimes.indiatimes.com/news/trends/why-this-company-has-adopted-forever-work-from-home-policy/88940892 Last
accessed on April 10, 2022
6
This phrase, coined by Antony Klotz of the Business School of Texas A&M University in May 2021, refers to large-scale job dissatisfaction causing
en-masse voluntary resignation of employees from their jobs. Some reasons were wage stagnation, preference for work-from-home, and safety
concerns emerging from the pandemic.
7
https://www.livemint.com/industry/human-resource/great-resignation-continues-in-india-as-attrition-levels-touch-20-year-high-
11645167653849.html Last accessed on April 10, 2022
8
https://www.huffpost.com/archive/in/entry/one-in-two-indian-office-worker-moonlighting-for-extra-income-an_n_10459296 Last accessed on
December 10, 2022
9
and 10 https://www.mckinsey.com/business-functions/people-and-organizational-performance/our-insights/help-your-employees-find-
purpose-or-watch-them-leave Last accessed on April 10, 2022
11
https://hr.economictimes.indiatimes.com/news/trends/how-great-resignation-is-turning-into-great-reshuffle/89560434 Last accessed on April
10, 2022
12
https://www.linkedin.com/posts/ryanroslansky_greatreshuffle-greatreshuffle-newworldofwork-activity-6812805059101913088-
zU8q?utm_source=linkedin_share&utm_medium=member_desktop_web Last accessed on May 15, 2022
13
https://www.mercer.com/content/dam/mercer/attachments/private/global-talent-trends/2022/gl-2022-global-talent-trends-report-
english.pdf Last accessed on February 22, 2023

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 The Industry Dilemma: Allow Ethical Moonlighting or Lose to Gig Working?

The world is seeing a talent migration bigger than anything we’ve seen before. We call it the
#GreatReshuffle, an unprecedented moment in the history of work where all of us are rethinking how and
why we work.

Preferences of the workforce and motivations to stay in their current organization had shifted due to the pandemic
(Exhibit 2). Organizations adapted to the flexibility paradigm depending on the industry sector, industry and
competitor practices, job role requirements, and talent and skill scarcity. With the increasing adoption of gig work
by both employers and employees, 47% of high-growth organizations adjusted their talent strategies to attract
freelance and nontraditional talent.13 However, pure-play gig work for the educated workforce remained uncertain.
It lacked the social identity obtained through an affiliation with an organization, and gig workers suffered a loss of
benefits such as health and life insurance for themselves and family. Hence, gig work was seen as a risky venture.
The boom in demand for IT/ITeS and the ability to work from anywhere and learn new domains and skills without
potentially adverse impacts on annual performance management all provided a “secure passage” for a few
employees who wanted to explore additional opportunities from a safe harbor of their jobs.

Moonlighting remained a concern for the IT industry because ’one person, one job‘ was a popular paradigm when
seen through the workplace’s lens of ethics and integrity. With the rising instances of insider trading 14 leading to
mammoth losses in large corporations, even the slight possibility of allowing moonlighting remained off the boards’
discussion tables. As a large-scale phenomenon, it was unheard of in the Indian context.

In February 2022, the Times of India (TOI), a leading newspaper in India, published a story highlighting the emerging
phenomenon. Birlasoft CEO and NASSCOM’s Regional Council Chair for Noida, Dharmender Kapoor, had received a
complaint informing him that an employee of his firm was simultaneously working for seven companies. Kapoor
went on record to state:

We know the person’s name and which companies he worked for because his provident fund 15 records
showed the employment details. It was caught by the HR managers of one of the other firms after they
found multiple active PF accounts.

The incident brought to the forefront the prevalence and extent of the matter. A study of IT/ITeS firms’ employees
indicated that 65% of people knew of those pursuing part-time opportunities or moonlighting while working from
home.16 Further, when organizations across sectors emphasized work-life balance, some employees shaped a very
different definition of the same two terms. Work for some meant the present job was where one spent most of
one’s time; life was not leisure and rest but a whole new set of activities that provided one the opportunity to follow
their passion and, if possible, earn from it.

With gig working growing at 17% year on year, intermediary gig working platforms such as Upwork (for the highly-
skilled workforce) and Amazon Mechanical Turk emerged for the low-skilled workforce. In America, almost 70% of
remote workers reportedly worked a second job, 37% had a second full-time job, and 32% had a side business. 17 In
India, many platforms were catering to low-end gig workers, but the emergence of platforms such as Workflexi 18
provided abundant opportunities for the educated, aspirational workforce to take on gig work. Ethical

14
Insider trading increases as markets scale record highs. Is it all bad though? CNBCTV18. at: https://www.cnbctv18.com/market/insider-
trading-increases-as-markets-scale-record-highs-is-it-all-bad-though-10414791.htm Last Accessed December 10, 2022
15
Provident Fund is the Indian Social Security system wherein employers and employees make matching contributions for long-term and retiral
benefits.
16
https://www.financialexpress.com/industry/less-than-1-techies-want-five-day-week/2602122/ last accessed on December 10, 2022
17
https://www.resumebuilder.com/7-in-10-remote-workers-have-multiple-jobs/ last accessed on December 10, 2022
18
https://www.workflexi.in/home last accessed on December 10, 2022

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 The Industry Dilemma: Allow Ethical Moonlighting or Lose to Gig Working?

moonlighting 19 also developed as a seasonal business. With employees away from direct supervision and
experiencing more “me time,” the opportunities to moonlight emerged, especially for those skills in short supply.
Nextyn20 had built its business model on the emerging phenomenon of gig working, with 8535 Indian professionals
signing on to their platform by March 2022. The trend observed by Nextyn for their typical business professionals
was a spike on the supply side during long festivals, breaks, and non-peak months.

THE BIG DEBATE

A few IT/ITeS firms had adopted a strong stance rejecting the right for employees to moonlight because it was
unethical and contravened the agreed code of business conduct. 21 For some firms, the drop in employee
productivity, which had increased at the start of the pandemic, was the primary concern for organizations. Many felt
that moonlighting was why many employees resisted returning to the office.

Khemka commented:

Moonlighting is no longer done only after office hours because technology enables you to do extra work
during office hours. This poses a big challenge to HR because employees are not concentrating enough by
working on two projects (or more) simultaneously.

Paneesh Rao, Global Head of Sustainability [ESG], Mindtree, highlighted:

The project managers are complaining that work is worth suffering without shared office times for project
members. During COVID-19, clients understood if there were delays. Now, clients expect us to scale up and
deliver at pre-pandemic levels. Employees do not show up for project meetings, do not turn on their videos,
and miss work deadlines! However, even if the work is suffering, you will not know that the person is
moonlighting till somebody tells you. The employee will tell you that he/she has got some other problems.
The Project Managers are insisting we get the employees back to the office. If we enforce this, employees
will leave and join organizations that allow them flexibility. We are between a rock and a very hard place!

Companies such as Tech Mahindra and Swiggy, as well as the government IT Minister, publicly stated that they were
open to the idea of moonlighting as a sign of the changing times and ways of working. 22 Continuing from where Rao
left off, Khemka agreed that organizations were still uncomfortable with the concept of “ethical moonlighting.”
Hence, identifying and reaching out to employees practicing moonlighting was difficult. However, she argued that if
organizations created a policy where employees could read the clauses on where and in what aspects of their job
they were allowed to moonlight or “ethically moonlight,” the first steps toward acknowledging the needs of both
stakeholders and embracing the larger change could be taken. She said:

If you can’t beat them, you must join them! Organizations need to create an environment with employee-
friendly, unambiguous policies wherein they (employees) themselves come and speak to you, and firms do
not go about hunting people (who are moonlighting).

An audience member suggested that organizations could monitor employees’ devices to track ‘at work’ time. In
2019, a survey of 239 large corporations found that more than 50% were using some nontraditional monitoring
technique.23 These percentages were up from just 30% in 2015, and it was expected that by 2020, about 80% of

19
“Ethical Moonlighting” is a practice where a person can find an opportunity to monetize his/her skills in a gainful, ethical manner and create a
win-win for all the parties involved – the employee, the employing organization, and the other organization that takes the services of the
employee.
20
https://www.nextyn.com/ Last accessed on December 10, 2022
21
https://analyticsindiamag.com/indian-it-takes-moonlighting-seriously/ last accessed on December 10, 2022
22
and 23 https://analyticsindiamag.com/indian-it-takes-moonlighting-seriously/ last accessed December 10, 2022
24
and 25 https://www.gartner.com/smarterwithgartner/the-future-of-employee-monitoring last accessed December 10, 2022

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 The Industry Dilemma: Allow Ethical Moonlighting or Lose to Gig Working?

companies would monitor employees using several new tools and data sources. Paradoxically, the study indicated
that employees were increasingly comfortable with being monitored, especially if they understood the ’how‘ and
’why.’ Some companies adopted preventive measures to mitigate or curb moonlighting by examining their
employees' social security (provident fund) data through identity verification platforms to verify additional income
sources.24

However, many HR leaders instantly opposed the suggestion of monitoring their employees. Citing a study on the
absence of trust in HR,25 74% of those who work remotely are concerned about their employer monitoring when
and how much they work, and 76% of workers who use a computer are concerned about their employer monitoring
their communications.

Vishal Sharma, Head HR - India and Asia of Aditya Birla Chemicals, felt that even if the organization retains talent
and addresses the privacy and data integrity issues, ethical moonlighting will cause a trust deficit in the employer-
employee relationship.

I can address ethical issues by creating ethical policies, guidelines, etc. Similarly, I can control my data theft
and leakage IP protection. I can do as much as any organization would love to do. But on trust, it is basically
a very different challenge we are facing. Only culture can create trust within an organization!

Another member suggested that organizations should make moonlighting legal and acceptable. However, the
apprehension about honest disclosure by employees remained. Amit Kataria, CHRO of Hanu Software, summed it
up as follows:
.
Many employees are hesitant to disclose their intent or actions. Why? Because they are afraid that “if I
disclose, I may be barred from this organization” or “I may lose my employment.” So people are not
disclosing what they are doing, and that’s how it becomes unethical.

Further to Rao’s point, Rai added that people might not disclose their moonlighting assignments due to the fear of
pay cuts. There was also apprehension among these employees that their productivity and commitment may be
questioned.

Sometimes they may be asked to sign documents on confidentiality, saying, you know, I, I hold
accountability and responsibility for doing these two things, or I’m earning from there. People may feel very
hesitant about these things.

Rasesh Seth, Founder and CEO of micro-consultancy firm, Nextyn, whose business model depended on increased gig
working (with some or many of the gig workers in permanent jobs), argued in favor of the phenomenon of enabling
“ethical moonlighting.” He highlighted that at a time of widespread remote work culture, people across multiple
sectors were saving upto four to five hours daily of traveling, experiencing less stress, and contributing to the
environment by reducing pollution. Further, Seth argued that the human mind sleeps only for a few hours, implying
that working employees were entirely within their rights to think of how to learn and earn more. Seth warned that
employees would move on to other companies or walk into the gig economy if companies did not allow them the
flexibility or the choice. Calling the issue of low productivity and burnout a “very biased HR view emanating from a
control mindset,” he said:

You will always have these people who are always looking for the opportunity to switch jobs, right? HR can,
in no way, exactly differentiate between loyal employees and job hoppers. And no HR in the world can stop
them. We provide an opportunity for people to take up short assignments. We do not concern ourselves if

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 The Industry Dilemma: Allow Ethical Moonlighting or Lose to Gig Working?

our subscriber base comprises pure gig workers or gainfully employed people. We are just helping firms
and individuals meet their respective needs.

The debate panel suggested enabling ethical moonlighting through policies, including nondisclosure, noncompete,
and data confidentiality agreements. However, there was consensus that some employees might cross the fence
despite these curbs. Many leaders vehemently opposed the idea of enabling ethical moonlighting, arguing that
Indian labor laws prohibited dual employment 26 in most full-time job cases.27

EMPLOYEE PERSPECTIVES

Nextyn, which started the gig working business in 2019, experienced a spurt in demand for experienced professional
gig workers. As one full-time employed subscriber affiliated with the platform, leveraging the available gig
opportunities explained:

When people started working from home, people were still getting used to the remote work environment
in the first few months. But then I realized that I have three extra hours every day and I have nothing to do.
I have certain skills that I can explore to guide companies or guide other people in the market. I do not think
this is unethical. Does it become ethical if I contribute the same amount of time to an NGO or not-for-profit
firm? Would it be ethical for me to help my spouse in their business?

With increasing levels of aspiration, employees found it challenging to fulfil lifestyle needs through their salaries
alone. Wealth creation options emerged through incentives and stock options. Although the employee stock
ownership plan (ESOP) remained a popular employee benefit product, the long gestation and multiple terms and
conditions (T&C) restricted it to only a few organizations and beneficiaries. Another employee practicing
moonlighting summed this up as follows:

With just 5%-10% appraisal after giving the whole year is too low to survive when prices rise every day.
Moonlighting allows me to maximize my earnings and support my increasing lifestyle needs.

With the changing aspirations of the workforce, a need for a clear demarcation between personal and professional
was emerging. Rajan Kohli, another centennial working as a Marketing Manager in an FMCG firm, said:

What I do in my personal time should not concern my employers until it impacts the designated work. The
times have changed, and now it’s an employees’ market!

Employees supported organizations that formally allowed moonlighting. Karan Sandhu, a chartered accountant,
employed with a Big 4 consulting firm, said:

As an employee, I do not think I am going against companies’ policy of sharing secrets; I am just working for
a firm that is not directly competing with my primary company and providing me extra income. This needs
to be discussed. Moonlighting is not really new – even before the pandemic, we had doctors working in
multiple hospitals, having their own clinics, etc. Nobody frowned on it then. The phenomenon now extends
across other industries where there is a demand-supply mismatch. There must be multiple solutions to this
other than outright banning this. That attitude is archaic!

The belief that the moonlighting phenomenon would wane after the pandemic and offices would reopen was
challenged by many. Nextyn provided data on its subscribers availing of the service on Saturdays and Sundays. 86%

26
Section 60 in The Factories Act, 1948, states, "No adult worker shall be required or allowed to work in any factory on any day on which he has
already been working in any other factory, save in such circumstances as may be prescribed." This is stated under the heading "Restriction on
double employment."
27
https://labour.gov.in/labour-codes last accessed December 10, 2022

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 The Industry Dilemma: Allow Ethical Moonlighting or Lose to Gig Working?

of Indian professionals28 preferred a hybrid work model29 as it fostered better work-life balance. As employees were
aware of an incentive- and outcome-based work model, the popular belief was that many employees were likely to
make time for it. The overall average attrition rate in 2022 was projected at 19%, an increase of more than 57%
compared to the 2021 attrition rate of 12.1% across 18 sectors. Strict policing and policies were expected to further
accelerate the attrition rates.

Anamika Vohra, Project Lead at a top IT services firm, said:

There is no guarantee that with this (ethical moonlighting) the trust between employers and employees
would increase. On the other hand, not allowing this feels like a very protectionist view. If not allowed, I
think then the trust will be worn out slowly because those people who still want ethical moonlight will
eventually leave the company and look for opportunities where they’re allowed to do such things.

Employees suggested establishing a common ground within the organizational framework for being “ethical,”
because, they felt, many employees wanted the option of ethical moonlighting. Their suggestions included defining
boundaries of conditions for which employees could not take up additional work, including companies in the same
domain or servicing clients common with their current employer. They also suggested that employees could be
empowered to opt for moonlighting for specified durations as long as their productivity was not hampered.
However, these boundary conditions left several gray areas, and CHROs wondered about the feasibility of
implementing these recommendations.

DILEMMA AND CHALLENGES

The NHRD meeting was called to order by the moderator, who indicated that drinks and dinner were served in the
adjacent hall. Exiting the room, a few CHROs agreed that a single employee should not be working for several
companies while availing benefits and prerequisites that were entitled to permanent employees. A few leaders from
the IT services companies felt resigned to the fact that the employees, having experienced the flexibility, were
unlikely to be happy to be tied to one organization, one project, and one location and that conventional employment
contracts would change.

Rao, Global Head of Sustainability [ESG] at Mindtree, moodily worried about the emerging order, explained:

If we open this door, we will see more and more such people approaching employment with a contract
mindset. They may say, “I can give you four-five hours a day, I’m giving someone else three-four hours a
day, and my nine hours are taken. I don’t want to work with one single organization, but with three
organizations together” How would we plan for anything if this happens?

Khemka added:

Job security is not aspirational for many. Organizations cannot threaten employees nowadays because the
talent will walk out the door and have red carpets rolled out by three other organizations. It is better if we
embrace this and enable it. Organizations may need to plan for this – there is no way out!

As groups congregated over drinks and a few headed for dinner, the participants continued to debate their
respective points of view. Was moonlighting ethical? Should it be allowed for specific industries or across all
industries, roles, and functions? How should employees be held accountable for productivity and data privacy if this
was to be enabled? The larger unspoken question loomed—whom would the employee be loyal to?

28
https://timesofindia.indiatimes.com/business/india-business/86-of-indians-believe-hybrid-model-is-essential-to-work-life-balance-linkedin-
study/articleshow/86199246.cms Last accessed April 16, 2022
29
Hybrid working refers to a mix of office working and working from home during the week.

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 The Industry Dilemma: Allow Ethical Moonlighting or Lose to Gig Working?

Having a policy did not mean that employees would start opening up. Would organizations need to change their
formal and informal performance management and growth standards to deal with different employees? The
evening’s discussion had opened a Pandora’s box, and no one seemed to know how to resolve the issues raised.

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 The Industry Dilemma: Allow Ethical Moonlighting or Lose to Gig Working?

Exhibit 1
The Relationship Between Individual Purpose and Work

Source: Mckinsey (Add URL last accessed on December 10, 2022)

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 The Industry Dilemma: Allow Ethical Moonlighting or Lose to Gig Working?

Exhibit 2
What Makes Employees Stay?

Source: Global Talent Trends, Mercer 2022 Study

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