Moonlighting in the private sector

Dear PAO,

I work a night shift job at a BPO company, where working hours are set from 10 p.m. to 6 a.m. I plan to work part-time during the day to be more productive and earn additional income. Would it be illegal to engage in two employments here in the Philippines?

James

Dear James,

Please be informed of the Supreme Court’s ruling in the case of Capitol Wireless, Inc. v. Balagot, GR 169016, Jan. 31, 2007, Ponente: Associate Justice Conchita Carpio-Morales, where it was quoted and held that:

“There is no denying that taking on double job [sic] per se is not illegal as extra income would go a long way for an ordinary worker like herein complainant. The only limitation is where one job overlaps with the other in terms of time and/or poses a clear case of conflict of interest as to the nature of business of complainant’s two employers.

“In the case at bar, the conflict of interest scenario is out of the question since respondent Capitol Wireless (Capwire) business is very different from Contractual Concepts Incorporated. The problem, however, is as to time and performance of duty. With respondent CAPWIRE complainant works as a collector from 8:00 A.M. to 5:00 P.M. On the other hand, his job at Contractual Concept is as a messenger assigned at China Bank. As a messenger, we do not believe that he’ll be performing his task after 5:00 P.M. as by then all private offices are closed. In fact, Bank closes at 3:00 PM. This being so, it is highly improbable that in the exercise of a performance of his work with Contractual Concept, the same will not eat up or use part or portion of his official time as collector with herein respondents. So that while earning his salary with respondent from 8:00-5:00 PM as messenger, he was also being paid as messenger by the other company. In which cases, respondent company has all the right and reason to cry foul as this is a clear case of moonlighting and using the company’s time, money and equipment to render service to another company. (Emphasis and underscoring supplied) x x x

“Verily, jurisprudence recognizes as a valid ground for dismissal of an employee unauthorized use of company time, as Pepsi-Cola Distributors of the Philippines, Inc. v. NLRC holds:

“[An employee] cannot serve himself and [his employer] at the same time all at the expense of the latter. It would be unfair to compensate private respondent who does not devote his time and effort to his employer. The primary duty of the employee is to carry out his employer’s policies. x x x” (Emphasis not ours)

As provided in the aforementioned jurisprudence, working two jobs or engaging in “moonlighting” is not prohibited per se by our labor laws. It is a different matter, though, if one job overlaps with the other in terms of time and/or poses a clear case of conflict of interest as to the nature of business between the complainant’s two employers. In such a case, the conflict of time or the conflict of interest may be a valid ground for the dismissal of an employee since such conflict would result in a loss of trust and confidence by the employer. The Supreme Court also added that the unauthorized use of the other company’s time may also be used as a valid ground for dismissal.

Thus, if there is no express prohibition on moonlighting in your employment contract with your employers, and as long as the time and resources of either employer will not be used for the benefit and expense of the other and there is no conflict of interest between your employers, then you can lawfully engage in other employment in addition to the one you are currently employed with.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]