Is moonlighting legal? What actually matters

Moonlighting simply means working a second job alongside your main one. In most countries that isn't illegal in itself. Whether a specific gig is a problem usually depends on three things: your employment contract, conflicts of interest, and who owns the work you produce.

Your contract comes first

Employment contracts often include an outside-work or exclusivity clause. Some prohibit any other paid work, some require you to ask or notify, and others only restrict competing work. Some roles and sectors, such as public service or regulated finance, have extra rules. Read the clause, and if it's unclear, ask HR or a lawyer.

Conflicts of interest

Even where outside work is allowed, working for a competitor, a client or a supplier of your employer can breach your duties to them. So can using confidential information you learned at work.

Intellectual property

Many contracts assign to your employer anything you create that relates to their business, sometimes even outside working hours. Keep side work clearly separate in subject, time and equipment.

Questions to ask before you say yes

• Does my contract allow outside work, and do I need to notify anyone?
• Is this company a competitor, client or supplier of my employer?
• Do the hours overlap my contracted hours?
• Will I use anything, even knowledge, that belongs to my employer?

Mondeed's conflict check runs through these questions for every gig and gives it a green, amber or red rating with reasons, so you can decide with the facts in front of you.

This article is general guidance, not legal advice. You are responsible for following your employment contract and the law where you work.