Contracts

On this page

Disclaimer

These agreements are examples of the agreements that we currently use at GitLab. However, the terms and conditions of an employee or contractor’s agreement will vary based on each employee or contractor’s specific circumstances. GitLab reserves the right to amend or change the sample agreements, as well as each employee or contractor’s actual agreement. The samples below are samples only — they are not valid as such and do not replace personalized signed agreements.

Available Currencies

The preference is for team members and future team members to be paid in their local currency. However, there may be instances where this is not possible and another currency may be chosen by the team member. This should be discussed and agreed with the Compensation Committee and the People Operations Analyst ahead of creating the appropriate contract (at offer stage for new team members) so a new one can be issued or confirmed by Letter of Adjustment. The effective exchange rate date used in these cases will be either January 1 or July 1 depending on the hire date of the new team member. This is to minimize significant fluctuations to salaries due to currencies that either strengthen or weaken throughout the year. Further details on this review period can be found in the Global Compensation page under Exchange Rates.

GitLab can pay local currency in the following countries:

Country ISO Code
Australia AUD
Bahrain BHD
Canada CAD
China CNY
Czech Republic CZK
Denmark DKK
Ethiopia ETB
Great Britain GBP
Hong Kong HKD
Hungary HUF
India INR
Indonesia IDR
Israel ILS
Japan JPY
Kenya KES
Kuwait KWD
Morocco MAD
Mexico MXN
Netherland Antilles ANG
New Zealand NZD
Norway NOK
Poland PLN
Romania RON
Russia RUB
Saudi-Arabia SAR
Singapore SGD
South Africa ZAR
Sweden SEK
Switzerland CHF
Thailand THB
Tunisia TND
Turkey TRY
United Arab Emirates AED
United States USD

How to use this page to prepare a contract

Assuming that the hiring process went smoothly, now it is time to prepare the applicable contracts.

First, be sure to validate the following:

  1. The currency listed in the offer package in Greenhouse should normally be the local currency of the new team member unless they explicitly request USD/EUR because their local currency has a lot of inflation. This needs to be confirmed and approved by our People Ops Analyst prior to making the offer, as any changes to the currency will require complete reapproval in Greenhouse, regardless if it is the same amount just in a different currency.
  2. Confirm if the team member would be an employee or contractor and through which entity the team member would be employed or contracted.
  3. Employee entity: employ through the GitLab entity where they are located (US = Inc., NL = B.V., UK = Ltd, India = Lyra, Germany = GmbH, Belgium = B.V. (Belgian contract - depending on the location in Belgium the contract will need to be in either French or Dutch with the English translation alongside).
  4. Contractor entity: if the team member is in the US, or if the person is part of the Sales organization, GitLab Inc. is the contracting entity. In all other regions and functional groups, GitLab BV is the contracting entity. If the team member wants to be contracted through a company, it can either be their own established legal entity or a separate and unaffiliated 3rd party company; please confirm which with the team member prior to sending out the contract. If the team member will be contracted through their own entity (or as an independent contractor), please use the BV Contractor Agreement. If the team member will be contracted through a 3rd party company, please inform Legal so that we can enter into a vendor contract with the company. The 3rd party company will then enter into a contract with the team member, and People Ops will provide the necessary specific salary and position information.

Send the contract through Greenhouse

  1. Once the offer package has been approved in Greenhouse, go to the offer details page of the candidate's profile in Greenhouse. Scroll to the section "Offer Documents" and click "Generate". Then click in the box and select from the options the appropriate template for the team member's entity, employment/contractor status, full-time or part-time, and any applicable bonuses. An example is GitLab Inc full-time, with variable bonus/commission. Then click "Generate". It will now populate and .docx and .pdf files under the "Offer Documents" section. Download the pdf and preview it to ensure everything populated correctly. If there are any token errors (i.e. problems with the information pulling from the candidate's profile and into the contract), Greenhouse will notify you. Most likely, if that happens it is because a field in the candidate profile is not accurately filled in. Once you fix the error, you'll need to "Regenerate" the contract.
  2. If the contract you are working on is unique and does not have a template or need one in the future, it's recommended to go to the manually create the contract using Google Docs. In the Google Drive, go to the folder titled "Employee and Contractor Templates and Staging". Only People Ops, Finance, and Legal should have access to this folder. Go to the folder "Templates" and find the relevant template contract (each document is also linked below). Make a copy of the contract in Google Drive, move it to the "Employee and Contractor Templates" folder so the details remain private. Rename the title so it includes the candidate's name, then make the edits in Google Docs by finding all fields with curly brackets ({ }) and replacing each field (including the curly brackets) with the specific details of the candidate. You can do this by clicking "Edit" then "Find and replace". Double check every field that needs to be filled out is completed; it is helpful to search only for { or [ to see if anything remains, as well as doing a quick look over the document. Once the contract is completed, have the contract reviewed for accuracy via Slack by the People Business Partner for the function the candidate will be in by including a link to the Google Doc document and the candidate's Greenhouse profile. After approved, download the Google Doc contract as a .docx, go to the candidate's profile in Greenhouse, go to the offer details section, scroll down to the "Offer Documents" section, then click "Upload" and choose the file. You can now delete the Google Docs version as it has been replaced by the version in Greenhouse.
  3. Next, click "Send with DocuSign" right below the offer documents. You will need to have first connected your Greenhouse account with your DocuSign account by going to the integrations tab in Greenhouse.
  4. Choose the template Offer through DocuSign. In the "To User" field, choose the GitLab signatory for the contract. In the "CC" field, add hiring@gitlab.com and peopleops@gitlab.com. Double check the body of the email is accurate. Then click "Preview on DocuSign".
  5. You will be redirected to DocuSign.
  6. On the top left of the screen, click where it says the candidate's name, then click "Edit Recipients". Drag the GitLab signatory from the bottom of the list to the very top and change the 1 next to the candidate's name to a 2. This ensures that the contract goes to the GitLab signatory to sign first, and once signed by them it will go to the candidate. Then click "Done".
  7. Scroll throughout the contract and double check that the candidate and GitLab signatory signature and date fields are accurately added. If there is an Exhibit A to the PIAA section of the contract, be sure to add blank text boxes assigned the candidate, with the "yes or no" text box being required and the "if yes…" text box being optional. There may also be other fields you'll need to add a textbox for, so double check if there are any other fields that need to be completed by either the candidate or GitLab signatory (as contracts for different entities vary; one that is easy to miss is the UK contract which requires the candidate to input their national insurance number). Once you've verified that all the information is correct and appropriately assigned, click "Send" at the top right corner.
  8. You'll now be redirected back to Greenhouse, where you can monitor the progress of the contract and be able to see when each party signs it. Once it is signed by all parties, you and everyone cc'd on the original request will receive a confirmation email that it has been signed.
  9. If you need to resend the contract, follow the same steps, but be sure to log into your DocuSign account and first delete the original one to avoid confusion.
  10. If you are processing a GitLab Inc. contractor agreement, also send a W9 via the DocuSign website. If you do have a W9 template, reach out to People Ops.
  11. Once the contract is signed, Recruiting will begin the background check for the candidate through the Sterling integration with Greenhouse, and People Ops will start the onboarding issue.

How to add a contract into Greenhouse

  1. In the Google Drive, go to the folder titled "Employee and Contractor Templates and Staging". Only People Ops, Finance, and Legal should have access to this folder.
  2. Click the folder called "Templates" to find the relevant template contract (each document is also linked below).
  3. Make a copy of the contract and move it into the "Greenhouse Templates" folder.
  4. Log in to Greenhouse and go to "Configure", "Offer Templates".
  5. For each of the fields with curly brackets ({ }) in the template on Google Drive, find and replace that field (including the curly brackets) with the corresponding Greenhouse tokens (including the curly bracket). For example, {Contributor Name} in the Drive template will be replaced with {{CANDIDATE_NAME}}.
  6. Some fields that are not necessarily clear are the compensation fields as there are separate fields for the vacancy and for the candidate; we want the candidate fields for the contract, so in Greenhouse, the appropriate token for salary is {{CURRENCY}}, bonus is {{BONUS_AMOUNT}}, and stock options is {{STOCK_OPTIONS}}. Another field that is easily confused is the title; the {{JOB_NAME}} is the name of the vacancy, which is not always necessarily the same as the title the candidate will have; to make sure it is always correct and includes the appropriate level and specialty for the candidate, use the token {{FULL_TITLE_INCLUDING_LEVEL_AND_SPECIALTY}}.
  7. The one exception to the curly bracket find and replace process is the Belgian contract. The fields that need to be edited are highlighted.
  8. If there is no corresponding field in the Greenhouse tokens, go to "Configure", "Customer Options", "Offers". Then click "Add Field" at the top, and add the name of this field (being as succinct yet descriptive as possible), add a description if needed (this will only show up when hovering over the field), the type of field it will be (this cannot be changed once the field is created), and check off "Create new email token (optional)" which will allow you to include it in the contract. Then click save. The new field will populate at the bottom, and you'll be able to drag it elsewhere in list, but do keep in mind that this is the list that populates the offer package, so unless it's crucial to the offer/approval process, it's usually best left towards the bottom. It is, however, best practice to at least move it above the "Signatory Name" and "Signatory Title" fields, so that they are always last. Then, go back to the "Offer Templates" section in Greenhouse, and you'll see the new field you created is a new token option.
  9. When removing optional clauses, take care that the paragraph / section numbering still makes sense.
  10. Double check that each field that needs to be filled out is replaced with a Greenhouse token. Sometimes it is not always obvious, as the curly bracket might be regular brackets by mistake.
  11. For each signature section, the following tokens must be on their own line in the document, with nothing else on the line: {{CANDIDATE_SIGNATURE}}, {{CANDIDATE_SIGNATURE_DATE}}, {{COMPANY_SIGNATURE}}, and {{COMPANY_SIGNATURE_DATE}}. Find each signature page, then hit enter to create the new line after the "Signature", "Name", "Title", and "Date" sections, then copy the corresponding Greenhouse tokens. These can be easy to miss, so double check each signature section has the appropriate Greenhouse tokens, each on their own line.
  12. Most contracts will have various versions that need to created, e.g. one that contains bonus language for variable bonus/commission, director/executive bonuses, or signing bonuses. Best practice is to create the contract containing all of the additional information and title it accordingly, then once you are done go to "File" in Google Docs and choose "Make a copy". Then remove the information as needed and rename the new document and continue the steps below. You can view other documents in the Greenhouse Templates folder for examples. 1. For contract templates with variable bonus/commission plans, replace all paragraphs with the token {{VARIABLE_BONUS_TYPE_OFFER_SECTION}} which will tell Greenhouse to automatically choose the correct bonus type based on the offer package created in Greenhouse.
  13. Once you have completed customizing the contract for Greenhouse, click "File" in Google Docs, then "Download as" and "Microsoft Word (.docx)".
  14. Then go back to the "Offer Templates" section in Greenhouse and scroll down to "Template Name" and click "Upload New" to the left.
  15. Choose the document you've downloaded and add a name for the template. The convention is typically "GitLab Entity employment-type, with/without bonus", e.g. GitLab Inc full-time, with variable bonus/commission.
  16. Greenhouse will upload the document and it will appear at the bottom of the page. There will be a Test button next to it; click this, and it will validate that all of the Greenhouse tokens are correctly inputted. If there are any errors, it will notify you. You will then need to go back to the template in Google Docs and correct the errors, redownload it, and reupload it to Greenhouse (after deleting the original one with mistakes). If all of the tokens are functioning properly, there will be green checkmarks, and you're ready to use this template for contracts!
  17. To delete a contract template from Greenhouse, click the three dots ... to the right of the template name, then click delete and confirm.

Employment and Contractor Agreements

The following contracts are in Google docs that are viewable by anyone with the link. They should be signed by the Recruiting Director, with the CCO, CFO, or CEO as backup.

United States Employment Status

Fair Labor Standards Act: Exempt v. Nonexempt Employees

CXC

GitLab is working in partnership with CXC Global to employ GitLabbers located in several countries listed below. The actual employment contracts will be sent and issued by CXC and are in accordance with local labor law. CXC also handle the processing and payment of payroll and associated taxes and compliance in each of the countries on behalf of GitLab. The contracts themselves are between the individual and CXC. The offer details will be provided to CXC by GitLab's hiring team.

Australia

CXC will hire individuals as casual employees with an initial contract of two years. This can be extended. Working time is set at 40 hours each week and payment of salary happens on a monthly basis upon payment of invoices that CXC will submit to GitLab at the beginning of each month. In addition to the details on leave, as stated in CXC's contract, further details are also provided in a separate letter.

  1. Offer, Australia email template from the manager/recruiter is sent per the hiring process
  2. Recruiter or People Operations will complete the SOW (statement of work) document. This is located on the Google Drive => CXC Australia Folder.
  3. Details of the state payroll taxes and CXC's costs that need to be added to SOW can be found in the same folder in a spreadsheet called CXC Costs. Please add to this list if the state is not listed. CXC can be contacted for this information. Please see below for contact details.
  4. Once SOW is completed it will need to be reviewed. Once reviewed it will need to be staged for signing by GitLab only.
  5. After the SOW has been signed it will need to be emailed to CXC. Contact details can be found in 1password => People Operations Vault => Entity & Co-employer HR Contacts
  6. CXC will then reach out to the candidates directly to co-ordinate the contract signing and onboarding to CXC's payroll.

Canada

CXC will hire individuals as T4 Workers, paid on an hourly basis each fortnight. Time-sheets are required to be completed and submitted to CXC. These are to comply with the public holiday paid time off requirements and vacation pay accrual that is credited to the individuals account. In addition to the paid vacation as stated in CXC's contract, further details are also provided in a separate letter.

  1. Offer, Canada email template from the manager/recruiter is sent per the hiring process
  2. Recruiter or People Operations will complete the CXC Global Project Information sheet. This is located on the Google Drive => CXC Canada Folder.
  3. Once that sheet is completed post in the peopleops confidential slack channel for approval.
  4. Email the sheet to CXC Canada contact (see Australia section above for location of contact details). CXC will then prepare the SOW for signatures.
  5. Once the SOW has been sent back to recruiter or people ops rep, stage for signature in DocuSign and then send back to CXC who will then prepare the contract

SafeGuard

Process for Spain and Ireland

In addition to CXC GitLab has also partnered with SafeGuard. The contract process and relationship is the same as it is with CXC. To create the contract the recruiter or people operations will do the following:

  1. Offer, SafeGuard Country email template from the manager/recruiter is sent per the hiring process
  2. Recruiter or People Operations witll complete the New Hire Form. This is located on Google Drive => SafeGuard Folder.
  3. Once the form is completed post in the people ops confidential channel in Slack for approval
  4. Stage the form for the signature of the person who completed the form (make sure again that you have approval of the CCO or CFO)
  5. Email the signed form to SafeGuard using the email address on the form. Contact details can also be found in the 1Password Vault => Entity & Co-Employer Contacts
  6. Once SafeGuard receive the form they will contact the candidate directly to onboard them.

Preparing Employment Agreements for GitLabbers in India

GitLab is working in partnership with Lyra Infosystems for employing GitLabbers located in India. These agreements are mailed rather than emailed so there is a lead time of approximately one week for completion before the new hire can start their employment at GitLab. The process for creating and sending an agreement is as follows:

  1. Once the email offer from the manager has been sent as per the hiring process People Ops will email Lyra HR with salary information for the new hire so that Lyra can prepare the Cost to Company (CTC) breakdown to include in the contract. The Cost to Company (CTC) breakdown will be sent to you and included in the offer.
  2. People Ops will reach out to the new hire and ask for full names of both parents.
  3. When all of the information asked for in the above two steps has been received, complete the contract as per the steps in the how to use this page to prepare a contract section, apart from staging the contract in DocuSign. Add the Cost to Company (CTC) Excel Sheet to "Anexure A."
  4. Once the contract is ready to be sent, save it as a PDF, email it to the new hire and cc peopleops and HR at Lyra.
  5. Once the contract has been emailed, HR at Lyra will send the hardcopy for signature directly to the new hire's home address.
  6. When the contract has been signed HR at Lyra will send Peopleops a PDF copy of the document which can then be filed in BambooHR.
  7. Complete the last step in the how to use this page to prepare a contract section.

Employment Agreements for GitLabbers in China

GitLab is working in partnership with CIIC to employ GitLabbers located in China. Signed agreements between GitLab and CIIC are required to employ any new hire. Therefore, there will be a lead time of approximately three weeks prior to starting. As soon as it becomes clear that an offer to a candidate is going to be made, People Ops will reach out to CIIC to begin the process. The process for preparing the agreements between all parties is as follows:

GitLab and New Hire:

  1. Once the email offer from the hiring manager has been sent as per the hiring process complete the Template-GitLab China Employee Offer letter as per How to use this page to prepare a contract.
  2. In addition to GitLab's Offer Letter, CIIC require a Chinese version of a Letter of Employment Intent.
  3. Complete the Letter of Intents with all of the information required/known. This should be completed in English first then translated into Chinese using Google Translate.
  4. Once this has been done send the GitLab offer letter and both (Chinese & English) versions of the Letter of Employment Intent to the new hire for their review, completion and signature using DocuSign. Ensure that Peopleops and CIIC are copied.
  5. Once everything has been signed, print and FedEx the Chinese and English Letter of Intents to CIIC. The address can be found in the PEO China folder > China Employment Options > CIIC in the Google Drive.

GitLab & CIIC:

  1. GitLab has a Secondment Agreement in place with CIIC, this may need to be updated but CIIC will confirm.
  2. Once CIIC have received the documents they will prepare a payment notice and send this to GitLab (peopleops) for payment. This must be paid upfront and may need CFO approval.
  3. After CIIC receive payment they will reach out to the new hire to complete a Labor Contract.

CIIC & New Hire

Once the Labor Contract has been signed by both CIIC and the new hire the individual can now commence their work with GitLab.

Employment Agreements for GitLabbers in Germany

When a wet signature is required for employment agreements the following process must be followed:

  1. Email offer from the manager/recruiter is sent per the hiring process (the candidate's address will need to be asked for at this stage). This email should also contain a link to this process so that the candidate is aware.
  2. People Operations will prepare the contract per the instructions in How to use this page to prepare a contract .

CCO or CFO Signatory

  1. Once the contract has been reviewed and approved, either the CCO or CFO will need to print two copies of the contract, sign and send them to the candidate by postal mail using FedEx (details of this can be found in 1Password => Secretarial Vault => Fedex) or another courier service.
  2. A copy of the Power of Attorney (POA) will also need to be enclosed with the contracts. The POA can be found in the German Templates folder on the Google Drive.
  3. Once the documents have been sent the CCO or CFO will email People Operations with the tracking number
  4. People Operations will then email the candidate to let them know the contract is on its way and provide the following instructions for the candidate to send one copy of the contract:
    1. GitLab's FedEx account details. The candidate can use another courier if that's easier for them and they will be reimbursed.
    2. Address of GitLab's German Counsel where the contract will be filed (address is in 1Password => People Operations Vault => Entity HR Contacts => address under Legal: Employment Matters Germany)
  5. Once the law firm has received the contract they will scan and email a copy to People Operations to file in BambooHR.

CEO Signatory

  1. If the CEO is the signatory, once approved, the contract will need to be emailed to the CEO's EA. If the EA is unavailable People Operations should handle the signing and sending of the contracts.
  2. The EA will print out two copies of the contract for the CEO to sign
  3. Once the contracts are signed they will be sent by the EA to the candidate's home address.
  4. Once the documents have been sent the EA will email People Operations with the tracking number
  5. People Operations will then email the candidate to let them know the contract is on its way and provide the following instructions for the candidate to send one copy of the contract:
    1. GitLab's FedEx account details (1Password => Secretarial Vault => Fedex). The candidate can use another courier if that's easier for them and they will be reimbursed.
    2. Address of GitLab's German Counsel where the contract will be filed (address is in 1Password => People Operations Vault => Entity HR Contacts => address under Legal: Employment Matters Germany))
  6. Once the law firm has received the contract they will scan and email a copy to People Operations to file in BambooHR.

Core Team Member Non-Disclosure Agreements

Core team members are an important part of the GitLab community. In order for these individuals to be able to participate in confidential GitLab communications we ask core team members to sign a Non-Disclosure Agreement. This document is reviewed and signed by the CFO.

Letter of Adjustment

When a team member receives any change in compensation we need to create a Letter of Adjustment instead of staging an entirely new contract. This document is signed by the Chief Culture Officer and the team member through either DocuSign (if the adjustment was a transfer/promotion done through Greenhouse) or HelloSign (if the adjustment was not done through Greenhouse, e.g. cost-of-living increases). Once the document has been signed, it is uploaded into BambooHR under the Contracts and Changes folder on the Documents Tab. Also, file any other supporting documentation, for example, an email with the approval to change the compensation. Information in HRIS and Payroll systems should also be updated, if applicable. Make sure to stage the adjustment letter using the team member's personal email address and cc their GitLab email.

When a team member applies for and receives a new position through Greenhouse, a Letter of Adjustment is prepared in lieu of a new contract using DocuSign. The recruiting team will prepare the letter. Once signed, it is sent to the People Operations Analyst for processing.

Probation Period - Confirmation Letter

Upon joining GitLab some team members (location dependent) will have a probationary period of 3 to 9 months. As per the onboarding process a notification in BambooHR will have been created. Once the manager has confirmed successful completion of the probationary period a confirmation letter is staged for signature and sent to People Operations and the team member to sign.

Current Entities and Co-employers with Probationary Periods:

Approval for Outside Projects

Before beginning work on outside projects, paid or unpaid, you must obtain approval in writing from the CEO, CFO or Chief Culture Officer. To submit approval please send an email to People Operations with details of the project/activities that you would like to work on. Confirmation will usually be in the form of an email and once received will be filed in the team members record in BambooHR under the Contracts and Changes folder on the Documents Tab. For team members employed in the Netherlands confirmation will be given in the form of a Authorization Letter once signed, this will be filed as outlined above.

For any approved outside activity in which the GitLabber will use his or her GitLab account, outside activity must be stored in a separate, personal project. All other work completed as part of the GitLab employment or contract should be stored in a GitLab namespace with a GitLab copyright.

PIAA Agreements

GitLab strives to help its Contributors maintain the ability to work on projects that are unrelated to GitLab’s business, including other open source projects. Our PIAA does not grant GitLab any rights in any creations that you may make that are not related to GitLab's business or the work you do for GitLab. That is, you are free to develop those creations without requesting approval in advance from GitLab. We have created an amendment to the PIAA agreement which can be view in amendment to PIAA. Please email people operations who will complete and stage the document for signatures. Given that there is necessarily some ambiguity about which projects relate to or don't relate to our business, we have created a process to increase clarity on this issue and encourage outside work by our Contributors. If you're pretty sure that a project you want to work on is unrelated to GitLab's business, but you want GitLab to confirm this ahead of time (or afterwards), you can fill out the Acknowledgement Letter we've provided with a detailed description of the project. GitLab will review your submitted project details, and if we agree that it is not related to our business and does not result from your work for GitLab, we'll sign the letter and return it to you.

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