Seminar on Legal aspects of Moonlighting, Resignation and Abandonment of Employment

• ‘MOONLIGHTING’ – Legal aspects of the Employer’s right to prohibit dual employment/other gainful engagements and consequences of its breach on employees.
• ‘RESIGNATIONS’ – Legal aspects on breach of notice period clause, Acceptance, Withdrawal, Management Initiated Separation (MIS), Settlement of dues,
• ABANDONMENT of employment.

Moonlighting

Recent actions taken by major IT Companies has sparked off a controversy necessitating a legal examination of ‘Moonlighting’.

Oxford Learners Dictionary defines ‘Moonlighting’ as having a second job that you do secretly, without telling your main employer. According to Cambridge Dictionary ‘Moonlighting’ is an act of working at an extra job especially without the knowledge of the main employer.

In so far as Indian laws are concerned dual employment is specifically prohibited under Section 60 of the Factories Act, 1948. Employment contracts also expressly forbid an employee from engaging himself in any activities, whether for gain or otherwise, without written permission from his employer.

Employees contend that they are not under the control of their employer beyond their working hours and hence they can pursue any profession or involve themselves in gainful engagement beyond working hours.

Does Moonlighting amount to misconduct and a breach of contract warranting termination of employment? Would the bar on any gainful occupation or profession even outside working hours during the period of the contract be construed as an agreement in restraint of trade under Section 27 of the Indian Contract Act, 1972?

What would be the consequences of moonlighting under Social Security Legislations such as EPF & MP Act 1952, Payment of Gratuity Act 1972, etc.

Resignation & Abandonment Of Employment

Industries are facing high personnel turnover with desperate attempts to get the best talent including an offer to ‘buy out the notice period’. The result is a variety of practical problems with impatience on the employee to resign and walk away without notice, often leaving assignments mid-stream. Can such conduct be legally treated as an act of abandonment of services? If so, what course of action is available to an employer to deal with such cases of abandonment?

This session aims to acquaint the participants with legal aspects of handling resignations, legality of conditional resignations, implications of conditional acceptance, management initiated separation in case of misconduct/non-performance, withdrawal of resignation before and after acceptance, drafting legally acceptable clauses on resignation in appointment letters to safeguard the interests of employers in case of operational exigencies, investigations/disciplinary proceedings/proceedings under the POSH Act, settlement of legal dues including performance incentives, issuing relieving letters, etc.

To understand the legal aspects so as to assist Employers to take appropriate action in consonance with the law, BCCI has organized a seminar on the subjects.

Speakers

Mr. Naresh Pinisetti
Director, Corporate Affairs – Deepak Fertilisers & Chemicals Ltd.

Dr. Rajkumar V.P. 
Chief Human Resources Officer – Indo German Petrochemicals Ltd

Mr. Lancy Dsouza
Advocate High Court, Legal Advisor, Bombay Chamber of Commerce & Industry

Ms. Deepika Agarwal
Advocate High Court, Sr Legal Associate, Bombay Chamber of Commerce and Industry

Contact Details :

Ms. Chetna Surti
Email : chetna.surti@bombaychamber.com
Tel : 4910 0228 , 98926 86418