Employment law refers to the law that governs the relationship between employer and employee, so the Employment section of GitLab Legal interacts with the People Group on a regular basis to provide information and legal advice related to the entire arc of our team members’ relationship with GitLab. So what does that mean?
GitLab’s employment attorney provides information regarding legal risk and compliance requirements based on particular jurisdictions and particular job types. Often, it is up to the others within the organization whether or not to continue down a certain path once the risks and requirements are known.
When individual team members have questions about their employment, they should interact with the People Group rather than reaching out directly to the Legal team. Visit the People Group Handbook to determine who to work with for your particular needs.
If People Group needs to engage with Legal on a particular question, they will reach out to Legal staff via DMs in Slack or via email in order to ensure that details of the situation and team member personal information remain confidential. This respects employee privacy and retains attorney-client privilege.
Below are some common employment topics where Legal is asked to provide input. The paragraphs below are intended to assist People Group to know when to reach out to Legal.
Note: GitLab team members should always obtain approval from the Director of Legal, Employment prior to speaking with outside counsel regarding employment-related matters.
Recruiting. Legal reviews sourcing and recruiting strategy for compliance and advises about requirements for applicant tracking in the various countries in which we hire.
Background Check. Legal reviews overall background check policy and procedure in place, helps develop background check adjudication process, and serves as escalation point when PBP responsible for reviewing background check has questions or concerns about specific results.
Contract review. Legal should be asked to review negotiated contracts that seek to change standard terms.
Conversions. As GitLab expands our international presence through new entities, some current contractors may become GitLab employees. Legal assists with this process.
Compliance with onboarding issues. As different countries have different requirements for hiring and disclosures, Legal will assist People Group to ensure that onboarding issues are compliant for specific locales.
Total Rewards. People Group is responsible for determining what benefits should be provided. Legal is available for advice when determining whether those benefits comply with local law, how benefits will be communicated, acknowledged via signature, and tracked.
Relocation request reviews. Relocation requests are handled by People Group, which has a very thorough explanation of the process and requirements (https://about.gitlab.com/handbook/people-group/contracts-and-international-expansion/#relocation) in the People Group Handbook. After People Group team members have worked through their workflow, Legal is available to assist with specific unresolved questions.
Conflicts of Interest. If a GitLab team member engages People Group about a possible conflict of interest, the PBP should encourage discussion between the team member and their manager, as many conflict of interest determinations are business decisions, rather than legal decisions. If the team member and manager agree that there is no conflict then the applicable E-Group member can provide written approval, which is maintained in Bamboo HR. Legal is involved in managing the process to ensure that decisions regarding what is or is not a conflict remain consistent across departments and so that the manager and team member can understand the potential risks and implications in order to make an informed decision.
Scalable employment solutions. As GitLab continues to grow, our systems must be scalable. GitLab Legal can assist in developing solutions that ease the work burden on People Group while maintaining compliance with legal requirements.
Policy development. Legal should be asked to perform a final review when policies are updated or created.
Contract negotiations. In the event that a customer or vendor has questions regarding terms that affect our team members (such as drug tests or more intensive background checks), the Contract team will reach out to the Employment team.