Lok Sabha Question No. 1971 (UNSTARRED), answered on 2022-12-19
Subject: Moonlighting in Industry
Ministry: LABOUR AND EMPLOYMENT
Asked by: Sumalatha Ambareesh

## MINISTRY OF LABOUR AND EMPLOYMENT

## GOVERNMENT OF INDIA LOK SABHA

## UNSTARRED QUESTION NO. 1971 TO BE ANSWERED ON 19.12.2022

## MOONLIGHTING IN INDUSTRY

## 1971. SHRIMATI SUMALATHA AMBAREESH:

Will  the  Minister  of  LABOUR  AND  EMPLOYMENT  be  pleased  to state:

- (a)whether the Government considers moonlighting to be an efficient reason for firing of employees and if so, the details thereof;
- (b)whether the Government has observed that layoffs are happening as a result of Moonlighting and if so, the details thereof;
- (c)whether the Government has undertaken any study on moonlighting in the country and if so, the details thereof; and
- (d)whether  the  Government  has  instructed  companies  not  to  fire employees  as  a  result  of  moonlighting  and  if  so,  the  details regarding any actions taken by the Government to stop firing as a result of moonlighting?

## ANSWER

## MINISTER OF STATE FOR LABOUR AND EMPLOYMENT (SHRI RAMESWAR TELI)

- (a): As per the Industrial Employment (Standing Orders) Act 1946, a workman  shall  not  at  any  time  work  against  the  interest  of  the industrial  establishment  in  which  he  is  employed  and  shall  not  take any employment in addition to his job in the establishment, which may adversely affect the interest of his employer.
- (b): Employment  and  retrenchment  including  lay-offs  are  a  regular phenomenon  in  industrial  establishments.  No  specific  information  is available to indicate that layoffs are happening due to moonlighting.
- (c):
- No, Sir.

(d): Matters relating to lay-off and retrenchment in industrial establishments  are  governed  by  the  provisions  of  the  Industrial Disputes  Act,  1947  (ID  Act)  which  also  regulates  various  aspects  of lay-off and conditions precedent to retrenchment of workmen. As per the  ID  Act,  establishments  employing  100  persons  or  more  are required  to  seek  prior  permission  of  the  appropriate  Government before effecting closure, retrenchment or lay-off. Further, any retrenchment and lay-off are deemed to be illegal which is not carried out  as  per  the  provisions  of  ID  Act.  ID  Act  also  provides  for  right  of workmen laid off and retrenched for compensation and it also contains provision  for  re-employment  of  retrenched  workmen.  Based  on  their respective jurisdictions as demarcated in the ID Act, Central and State Governments take actions to address the issues of the workmen and protect their interests as per the provision of the Act. In the establishments that lie in the jurisdiction of Central Government, the Central  Industrial  Relations  Machinery  (CIRM)  is  entrusted  with  the task of maintaining good Industrial relations and protect the interest of workers including on the matters relating to lay off and retrenchment and their prevention. The jurisdiction in the matters with regard to multi-national and Indian companies in the IT, social media, Edu  Tech  firms  and  related  sectors  lie  with  the  respective  State Governments.

*****