He stated that if an employee advances a personal interest, whether directly or indirectly, at the expense of IBM's interests, it is treated as a "serious conflict of interest and a violation of trust".

He said a second job could be full-time, part-time, or contractual in nature but, at its core, is a failure to comply with employment obligations and a potential conflict of interest with IBM's interests. "IBM's policy is also fundamentally important to the trust our clients place in IBM when they entrust us with the transformation, access, and management of critical commercial assets, including their data and systems."

As per Patel, if any IBM employee still wants to engage in any activities outside of IBM, including work with any non-profit or philanthropic activity, they must get the necessary approval for a third-party activity.

"IBMers and IBM's greatest strength, built on our core value, is -- "Trust and personal responsibility in all relations"."

Other companies have also spoken against moonlighting. TCS this month said this practice is against the IT major's ‘core values and culture.’ Wipro chairman Rishad Premji has on many occasions said moonlighting is in violation of the ‘act of integrity.’ HCL Tech said that while it does not support dual employment, the issue of moonlighting is not a big one in the Noida-based company.

Infosys, on the other hand, is the first major company that has come out with clear guidelines for those looking for work outside their current jobs. In an internal communication last week, Infosys said any employee, who wishes to take up gig work, may do so with the prior consent of their manager or BP (business partner)-HR in their personal time, for establishments that do not compete with Infosys or Infosys's clients. Infosys' decision to allow its employees to take up gig work, with certain riders, may well be the start of a new trend in the IT service industry.

The company said it counts on its employees to ensure their work outside the company does not affect their ability to work with Infosys. "In addition, as per Infosys employment contract, employees may not work in areas where there is an actual or potential conflict of interest or by accepting dual employment."

Commenting on the latest development, Harpreet Singh Saluja, president, tech employees’ body NITES (Nascent Information Technology Employees Senate) said the time has come to remind IT organisations that employees are neither slaves nor bonded labours. "This shows the capitalist mindset of the company (IBM), which is trying to capture and restrict the thought process of employees. This is clearly violations of Human Rights & Personal Liberty."

While legacy IT firms have so far been quite transparent about their strict reservations about moonlighting, some new-age startups seem more welcoming to the idea. Food delivery major Swiggy, for instance, has been one of the first tech firms to support moonlighting by instituting a policy around it. Swiggy has mandated its employees to seek the company’s approval before pursuing projects that are picked up for economic consideration and/or fall under the first category, internally described as ‘A.’ Edtech unicorn Emeritus is also open to allowing its employees to take up side jobs as long as the company is kept in the loop.

Sandeep Patel

'Moonlighting can cause confusion’: IBM India MD says no to gig work