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Issue of Moonlighting under Indian Law Regime

A Ashok Kumar
A Ashok Kumar
  • Apr 13, 2023
  • 9 min to read
Issue of Moonlighting under Indian Law Regime Kumar

Moonlighting is the practice of working multiple jobs or engaging in additional activities or services outside of ones regular job, usually at night or on weekends. It is a common phenomenon in India, with an estimated 11% of the employed population moonlighting. The practice of moonlighting has been increasing in India in recent years, as people look for additional sources of income to supplement their regular wages. Despite the prevalence of moonlighting in India, there are still several issues related to the practice that need to be addressed. In this article, we will be looking at some of the major issues related to moonlighting under Indian labour laws. The first issue is that of taxation. Under Indian labour laws, income earned from moonlighting is considered to be taxable. This means that the income earned from moonlighting needs to be declared and taxes paid on it. However, many people are not aware of this fact and do not declare their income from moonlighting, resulting in a loss of tax revenue for the government. This can also lead to penalties and fines for those who do not declare their income. The second issue is that of social security. Under Indian labour laws, employees are entitled to certain social security benefits. These include medical insurance, provident fund, gratuity and various other benefits. However, these benefits are not applicable to those who are engaged in moonlighting. This means that those who are moonlighting are not entitled to these benefits, which can be a major setback for those who are depending on moonlighting for additional income. The third issue is that of safety and security. Since moonlighting is often done at night or in other dangerous work environments, there is a greater risk of accidents or injuries. Unfortunately, since moonlighting is not protected by Indian labour laws, workers are not entitled to any compensation or benefits in case of accidents or injuries. This can be a major setback for those who are relying on moonlighting for additional income. The fourth issue is that of exploitation. Since moonlighting is not protected by Indian labour laws, employers can take advantage of workers and exploit them. This can include not paying wages on time or not providing the agreed upon benefits and services. This can be a major setback for those who are depending on moonlighting for additional income. Finally, the fifth issue is that of legal recognition. Since moonlighting is not protected by Indian labour laws, it is not legally recognized in India. This means that employers cannot be held accountable for any violations or exploitation of workers. This can be a major setback for those who are depending on moonlighting for additional income. Overall, there are several issues related to moonlighting under Indian labour laws. These include taxation, social security, safety and security, exploitation, and legal recognition. It is important to address these issues in order to ensure that moonlighting is done in a safe and secure manner, and that workers have access to the benefits and protections that they are entitled to.

A Ashok Kumar
A Ashok Kumar

I have been practicing for 8 years in Civil, Criminal & Family matters cases and handling the matters ethically and professionally. I also handle NI Act, Recover, Banking, Domestic Violence, Divorce, maintenance, Property, Documentation, and Cyber Crime matters and have achieved professional experience in providing legal services. Further, I can undertake the following activities with a professional approach. I have enrolled with the BAR Council of KAR/1388/2015.

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February 14, 2019

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Sophie Asveld

February 14, 2019

Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.

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