Unless your company is working in exceptionally sensitive and proprietary jobs that can withstand a legal challenge, it is unwise to prohibit your employees from moonlighting. While employees are at work, they are on operating time and using the company`s resources. You should not be working on anything other than the business. After work, employees` time is theirs. If they opt for a second position or a project, the company does not have the legal right to control or dictate this activity, especially if it does not conflict with the company`s activities. Some HR experts argue that employers require an employee to notify them if the employee intends to moonlight. In the event of a potential conflict of interest, it makes sense. But if the moonlight`s luck has nothing to do with the work the employee does for the company and the employee performs well, there are legal counter-arguments that warn employers against flouting individual liberties. The best way to do this, if you are considering an “authorization application” policy, is to consult the legal counsel first. The main objective of a moonlighting policy is to give clear expectations that an employee`s duties in your company should be their main task and that external activities should never affect the performance of the job. Moonlighting policies are created to protect your business. Conflict of interest policies also help ensure your employees don`t work for your competitors while working for you. I once met a database analyst who, although promoted full-time, entrusted data projects for another company and landscaping on weekends.
When I asked why, his reasons were “uncertainty with the company, a need to improve me and my skills, and money.” In addition, he still had student credits to pay, married straight and felt stagnant at work. The moonlighting agency`s prohibitions are generally aimed at preventing three types of problems: for temporary workers, Moonlighting focuses primarily on the liberal profession – working as an independent contractor for companies other than the Agency itself. Did we check with HR at the time? No, but we also did not have guidelines on the behaviour of companies in the moonlight. Have contractors obtained permission from their employers for the moonlight? Well, they said so. Our employees can expect disciplinary action based on how they have violated this directive. Violation of our competition and confidentiality agreements results in immediate termination.