MOONLIGHTING & DUAL EMPLOYMENT POLICY

SECTION 1 - PURPOSE AND POLICY STATEMENT

1.1 Policy Objectives

1.1.1 This policy establishes:

(a) Prohibition on dual employment and moonlighting without authorization

(b) Employee exclusivity obligations during employment

(c) Restrictions on freelancing, consulting, and outside work

(d) Approval requirements for limited exceptions

(e) Consequences of violations including immediate termination

(f) Enforcement mechanisms and detection procedures

1.2 Exclusivity Requirement

1.2.1 Full-time employment requires:

(a) Exclusive commitment of employee's professional time and efforts to Company

(b) Undivided attention to assigned responsibilities

(c) No competing loyalties or obligations to other employers

(d) Full availability during working hours and for business needs

1.2.2 Rationale for exclusivity:

(a) Ensures employee focus and productivity

(b) Prevents conflicts of interest

(c) Protects Company confidential information and IP

(d) Maintains competitive advantage

(e) Ensures fairness to Company paying full-time salary

1.3 Scope of Prohibition

1.3.1 This policy prohibits:

(a) Simultaneous employment with another employer (dual employment)

(b) Freelancing or independent contracting during employment

(c) Operating business or consultancy

(d) Providing professional services to third parties for compensation

(e) Working for competitors, clients, or vendors

(f) Any paid work outside of Company employment without authorization

SECTION 2 - PROHIBITED ACTIVITIES

2.1 Dual Employment

2.1.1 Employees shall NOT:

(a) Work for any other employer simultaneously with Company employment

(b) Hold multiple full-time or part-time jobs concurrently

(c) Accept employment from competitors, clients, or vendors

(d) Continue previous employment after joining Company (without disclosure)

(e) Work night shifts or weekends for another employer

2.1.2 Includes employment in any form:

(a) Full-time, part-time, or contractual positions

(b) Remote, work-from-home, or on-site roles

(c) Permanent or temporary assignments

(d) Direct employment or through placement agencies

2.2 Freelancing and Consulting

2.2.1 Employees shall NOT without authorization:

(a) Provide freelance services in professional capacity

(b) Accept consulting assignments or projects

(c) Develop software, applications, or solutions for others

(d) Provide technical, design, or development services for compensation

(e) Participate in contract-based or gig work

(f) Offer professional services through platforms (Upwork, Fiverr, etc.)

2.2.2 Prohibition applies regardless of:

(a) Time of day (evenings, weekends, holidays)

(b) Location (home, outside India)

(c) Compensation amount (even nominal fees)

(d) Whether using personal or Company resources

2.3 Operating Business or Consultancy

2.3.1 Employees shall NOT:

(a) Own, operate, or manage business competing with or similar to Company

(b) Run consultancy or professional services firm

(c) Establish startup or venture in related field

(d) Partner in business providing services Company offers

(e) Register business or company in employee's name or family members' names for similar services

2.3.2 Includes passive ownership if:

(a) Business competes with Company

(b) Employee has operational involvement or decision-making role

(c) Creates conflict of interest

2.4 Working for Competitors, Clients, or Vendors

2.4.1 Employees shall NOT work for:

(a) Direct Competitors: Companies providing similar software services

(b) Company Clients: Providing services directly to Company's clients (bypassing Company)

(c) Company Vendors: Working for suppliers or contractors of Company

(d) Potential Clients: Companies in active sales pipeline

2.4.2 Prohibition protects:

(a) Company's competitive position

(b) Client relationships and goodwill

(c) Vendor negotiations and pricing

(d) Confidential business information

SECTION 3 - RATIONALE FOR PROHIBITION

3.1 Conflicts of Interest

3.1.1 Moonlighting creates conflicts including:

(a) Divided loyalty between employers

(b) Competing time commitments and priorities

(c) Inability to fully commit to Company work

(d) Scheduling conflicts and availability issues

(e) Competing business interests

3.2 Confidentiality and IP Risks

3.2.1 Dual employment threatens:

(a) Company Confidential Information: Risk of inadvertent or intentional disclosure to other employer

(b) Client Data: Exposure of client information to competitors

(c) IP Ownership: Ambiguity in ownership of work product

(d) Trade Secrets: Loss of competitive advantage through knowledge transfer

(e) Company Reputation: Association with competing or inferior services

3.3 Performance and Productivity Impact

3.3.1 Moonlighting negatively impacts:

(a) Focus and Attention: Reduced concentration on Company work

(b) Quality: Lower quality deliverables due to fatigue or divided attention

(c) Availability: Inability to work extended hours or handle urgent issues

(d) Commitment: Lack of investment in Company's success

(e) Team Dynamics: Unfairness to colleagues fully committed to work

3.4 Legal and Contractual Violations

3.4.1 Moonlighting may violate:

(a) Employment agreement exclusivity clauses

(b) IP assignment obligations (confusion about ownership)

(c) Non-compete or non-solicitation restrictions

(d) Client contracts (if Company represents work as exclusive employee effort)

(e) Work-made-for-hire doctrine (IP created during employment belongs to Company)

SECTION 4 - LIMITED EXCEPTIONS AND APPROVALS

4.1 Activities NOT Considered Moonlighting

4.1.1 The following are generally permitted without approval:

(a) Passive Investments: Stock market investments, mutual funds, real estate

(b) Non-Competing Hobbies: Personal creative pursuits (art, music, writing) not for commercial gain

(c) Volunteer Work: Unpaid community service, NGO work, charitable activities

(d) Academic Activities: Guest lectures, teaching as adjunct faculty (if approved)

(e) Personal Finance: Managing personal finances, rentals, family business (non-competing)

4.1.2 Even permitted activities must NOT:

(a) Interfere with work performance or attendance

(b) Use Company time, resources, or confidential information

(c) Create actual or perceived conflict of interest

(d) Damage Company's reputation

4.2 Seeking Approval for Outside Work

4.2.1 If employee wishes to engage in outside work, must:

(a) Submit written request to HR with full details:

• Nature of outside work
• Employer or client name
• Time commitment (hours per week)
• Compensation arrangement
• How it does not conflict with Company work

(b) Obtain written approval before commencing activity

(c) Re-apply annually if ongoing activity

4.2.2 Approval criteria:

(a) No conflict of interest or competition with Company

(b) Minimal time commitment (typically <5 hours per week)

(c) Does not affect work performance or availability

(d) Does not use Company resources or information

(e) Not working for competitors, clients, or vendors

4.2.3 Company may:

(a) Approve, approve with conditions, or reject request

(b) Revoke approval if circumstances change or performance affected

(c) Decision is final and at Company's sole discretion

4.3 Teaching and Speaking Engagements

4.3.1 Guest lectures, conference speaking, or part-time teaching:

(a) Requires pre-approval if compensated

(b) Must not disclose Company confidential information

(c) Must not use Company-developed materials without permission

(d) Limited to occasional engagements (not regular employment)

(e) Should enhance Company's reputation, not compete

4.4 Open Source Contributions

4.4.1 Contributing to open source projects:

(a) Permitted if on personal time using personal resources

(b) Must not include Company proprietary code or IP

(c) Must not violate client contracts or confidentiality

(d) Significant contributions or leadership roles require approval

(e) Contribution licenses must be compatible with Company's IP policy

SECTION 5 - DETECTION AND ENFORCEMENT

5.1 Company's Right to Monitor and Investigate

5.1.1 Company may:

(a) Monitor employee work hours, productivity, and activity

(b) Investigate suspected moonlighting based on:

• Decline in performance or productivity
• Frequent absences or unavailability
• Social media posts indicating outside work
• Complaints from colleagues or clients
• Background verification or employment checks

(c) Request employee to certify non-engagement in outside work (annual declaration)

(d) Conduct surprise verification or inquiries

5.2 Indicators of Moonlighting

5.2.1 Warning signs include:

(a) Reduced productivity or quality of work

(b) Frequent fatigue or lack of focus

(c) Unavailability during working hours or for urgent matters

(d) Requests for flexible hours or unusual leave patterns

(e) Reluctance to work overtime or weekends

(f) Social media activity suggesting other employment

(g) Unexplained income sources (if known through other means)

(h) Reports from third parties about employee working elsewhere

5.3 Investigation Process

5.3.1 Upon suspicion of moonlighting:

(a) Preliminary inquiry to gather evidence

(b) Employee confronted with evidence and asked to explain

(c) Opportunity provided to disclose and clarify

(d) If violation confirmed, disciplinary action initiated

(e) Investigation maintained confidentially

5.3.2 Employee must:

(a) Cooperate fully with investigation

(b) Provide truthful information and documentation

(c) Disclose extent and duration of outside work

(d) Not obstruct or mislead investigation

SECTION 6 - CONSEQUENCES OF VIOLATIONS

6.1 Immediate Termination

6.1.1 Moonlighting or dual employment = immediate termination without notice for:

(a) Serious misconduct and breach of trust

(b) Violation of employment agreement exclusivity clause

(c) Breach of fiduciary duty to employer

(d) Dishonesty in concealing outside employment

6.1.2 Termination terms:

(a) No notice period required or paid

(b) Immediate cessation of employment

(c) No payment in lieu of notice

(d) Forfeiture of bonuses, incentives, or variable pay

6.2 Financial Recovery

6.2.1 Company may recover from final settlement:

(a) Compensation Paid During Moonlighting Period:

• If employee engaged in dual employment for identifiable period
• Salary paid during that period may be recovered
• Rationale: Employee defrauded Company by accepting full-time salary while working elsewhere

(b) Training Costs:

• Cost of training provided to employee
• Typically recovered if employee violated training bond terms

(c) Notice Period Dues:

• Full notice period amount (no notice period served)

(d) Asset Costs:

• Cost of unreturned or damaged Company assets

6.2.2 Recovery mechanism:

(a) Deduction from final settlement

(b) Legal action if settlement insufficient

(c) May approach new employer for recovery if applicable

6.3 Legal Action

6.3.1 Company may pursue:

(a) Civil Suit: For breach of contract, breach of fiduciary duty, and damages

(b) Injunctive Relief: Preventing employee from continuing conflicting work

(c) Recovery of Losses: Including client penalties, project failures, or reputational damage

(d) IP Claims: If work product ownership disputed due to dual employment

6.3.2 Legal fees and costs recovered from employee.

6.4 Withholding of Documents

6.4.1 Following documents may be withheld until matters resolved:

(a) Relieving letter or experience certificate

(b) Salary slips or employment proof

(c) Final settlement (pending recovery)

(d) Reference letters

6.4.2 Negative reference provided to prospective employers disclosing reason for termination.

6.5 Impact on Future Employment

6.5.1 Moonlighting termination affects:

(a) Employment Verification: Termination for cause disclosed

(b) References: Negative reference indicating policy violation

(c) Industry Reputation: Software industry closely networked

(d) Rehire Eligibility: Not eligible for rehire with Company

SECTION 7 - EMPLOYEE OBLIGATIONS AND DISCLOSURES

7.1 Annual Compliance Declaration

7.1.1 Employees must annually certify:

(a) Not engaged in any outside employment or moonlighting

(b) Not operating business or consultancy competing with Company

(c) No undisclosed conflicts of interest

(d) Understanding of policy and consequences

(e) Compliance with all exclusivity obligations

7.1.2 False declaration = serious misconduct subject to termination.

7.2 Immediate Disclosure Obligation

7.2.1 If employee receives offer or opportunity for outside work:

(a) Immediately disclose to HR before accepting

(b) Seek approval per Section 4 if considering acceptance

(c) Decline if approval not obtained

(d) Failure to disclose = violation even if later approved

7.3 Pre-Existing Outside Work

7.3.1 If employee engaged in outside work before joining:

(a) Must have disclosed during hiring process

(b) Must discontinue immediately upon joining or per agreed timeline

(c) Failure to discontinue = breach of employment terms

SECTION 8 - SPECIAL SCENARIOS

8.1 Transition Period After Joining

8.1.1 If employee had previous commitments before joining:

(a) Must disclose during offer stage

(b) May request grace period to complete (typically 15-30 days)

(c) Grace period subject to approval and documentation

(d) No new commitments accepted during grace period

(e) After grace period, full exclusivity applies

8.2 Family Business or Investments

8.2.1 Employee participation in family business:

(a) Permitted if passive involvement (inheritance, ownership only)

(b) Not permitted if:

• Active operational role
• Competes with Company
• Requires significant time commitment
• Creates conflict of interest

(b) Must disclose to HR for assessment

8.3 Emergency or Exceptional Circumstances

8.3.1 Exceptional financial hardship:

(a) Employee may request permission for limited outside work

(b) Requires detailed explanation and documentation

(c) Approval rare and granted only for genuine hardship

(d) Subject to strict conditions and time limits

SECTION 9 - EMPLOYER RESPONSIBILITIES

9.1 Clear Communication

9.1.1 Company ensures:

(a) Policy communicated clearly during hiring

(b) Exclusivity clause included in employment agreement

(c) New employees acknowledge policy understanding

(d) Periodic reminders and training on policy

9.2 Fair Compensation

9.2.1 Company recognizes:

(a) Fair and competitive compensation reduces moonlighting temptation

(b) Compensation commensurate with skills and market standards

(c) Employees should not need outside work to meet basic needs

9.3 Work-Life Balance

9.3.1 Company supports:

(a) Reasonable work hours and leave policies

(b) Avoidance of excessive overtime requirements

(c) Flexibility for personal and family commitments

(d) Understanding that exclusivity during work hours, not control of personal time

SECTION 10 - CONTACT INFORMATION

10.1 Policy Questions

Human Resources Department:
Email: hrd@webreinvent.com
For questions about moonlighting policy or approval requests

10.2 Approval Requests

Submit written requests to:
HR Head
Email: hrd@webreinvent.com
Subject: Request for Outside Work Approval - Employee Name

10.3 Confidential Reporting

Ethics Hotline:
Email: ethics@webreinvent.com
For confidential reporting of suspected moonlighting by colleagues