Google employment contract
28th September 2005
Dear Partha
On behalf of Google Ireland Limited and subject to our being satisfied with your references, we are happy to extend an offer of employment to you with Google Ireland Limited.
This offer of employment with the Company is conditional on you providing to the Company two satisfactory references, one of which must be from your current employer (unless this is your first job), along with satisfactory evidence of your entitlement to work in Ireland.
This letter will confirm the terms of your offer of employment.
1. Your job title will be Senior Network Engineer and you will report Andrew White. You will be required to carry out your duties in a proper, loyal and efficient manner and shall use your best endeavours to promote the interests and reputation of the Company and not do anything which is or may be harmful to it.
2. Subject to satisfactory compliance with the above pre-condition, your employment will commence on a date to be confirmed. No previous period of employment with any other employer shall be treated as continuous employment with the Company.
3. You will be paid a salary of €XX,XXX per annum payable monthly arrears on the twenty-fifth day of each month into your nominated bank account. Due to business requirements, you will be scheduled to provide on call services during business and non business hours, in order to provide 24 hour, 7 day a week cover. Such times will be agreed with you, in advance, where possible, and you will be given as much notice as possible.
Additionally Google will also pay you a one time Sign-On Bonus of €YY,YYY. This will be taxed as supplemental income. Should you terminate your position in Google within your first calendar year of employment, you will be required to re pay the Sign-On Bonus on a pro rated basis.
Upon completion of your move to Dublin, Google will pay you a one-time relocation bonus of €Z,ZZZ which will be taxed at the supplemental tax rate. Should you terminate your position at Google within the first twelve months of your employment, you will be required to repay the relocation bonus on a pro-rated basis
4. You are eligible to participate in the company bonus program. Your annual bonus target will be 15%. Please note that bonus payout is contingent upon company and individual performance, and is entirely at the Company’s discretion. The scheme may be terminated unilaterally, without notice or cause by the Company. Further details of the scheme can be obtained from HR.
5. Initially, your employment will be on a probationary basis for six months. During the probationary period, except in the case of gross misconduct, your employment may be terminated on 1 week’s notice by either party or in the case of the Company by payment of 1 week’s salary in lieu of notice. Your probationary period may be extended up to a maximum of 12 months, by written notice to you.
6. On satisfactory completion of your probationary period you will be engaged on the permanent staff. Your employment may be terminated by you or by the Company on giving to the other one month’s notice, in writing, or such longer period of notice as may from time to time be required by law. Payment may be made by the Company in lieu of notice. Notice will not be given in circumstances which justify summary dismissal.
7. Your normal hours of work will be from 9 a.m. to 6 p.m. Monday – Friday. You are entitled to a lunch break of 1 hour. From time to time, you may be required to work such additional hours as may be required to complete your responsibilities depending on the reasonable requirements of the Company. No payment will be made by the Company for overtime worked.
8. You will be working at Gordon House, Barrow St, Dublin 4, Ireland, but the company reserves the right from time to time to vary the place of employment, either permanently or temporarily, to such other location in Dublin, in which event you will be given reasonable notice. Except at the discretion of the Company you will not be compensated for such re-location.
In addition you may be required to work at such other places as the Company may from time to time specify for the performance of your duties. If the Company requires you to work outside Ireland for a period of more than one month it will provide you with written details of any additional terms and conditions which may apply to that work and your return to Ireland.
9. You will be entitled to 25 days holiday per annum. Holidays must be agreed in advance, in writing, with your manager to whom you are responsible. Not more than 3 working weeks may be taken consecutively except by special arrangement in advance, in writing, from your Manager. A maximum of 5 days holidays may be carried over from one year to the next, but must be taken by the end of March that year. The holiday year runs from 1st January to 31st December. Annual leave entitlement shall be deemed to accrue at the rate of 2.08 days per month. If you start or leave your employment during a holiday year your leave entitlement for that year will be calculated prorate at the rate of 2.08 days for each complete month of service.
In addition you may be required, due to the business needs of the Company, to work on a public holiday. Should you be required to work on a public holiday, you will be granted an additional day of annual leave.
10. In the case of absence, a satisfactory doctor's certificate must be produced in respect of absences of three days or more. You must notify your manager or Human Resources Manager as soon as reasonably possible, and no later than 10 am on the first day of absence. In the event of persistent absences due to illness, the Company may require you to be examined by a doctor appointed on its behalf. In any event, the Company reserves the right to have you medically examined (at the Company’s expense) at any time during your employment for the purposes of establishing your fitness to work, and you hereby authorise such doctors to disclose to and discuss with the Company and its medical advisors the results of such examinations and tests.
11. The company is not obliged to pay you during any absence on grounds of illness, and in such event you should avail of the appropriate Department of Social Welfare benefits. Any Company sick pay is entirely at the sole discretion of the Company and the payment of same is not guaranteed.
Any Company sick pay shall include any Social Welfare or other benefit to which you are entitled by law and shall be reduced by the amount of any such benefit recoverable by you whether or not recovered. You shall notify the Company of any Social Welfare or other benefits to which you are entitled.
12. A booklet setting out the terms of the Company’s pension scheme is available from HR.
13. We require a good standard of discipline from all employees together with satisfactory standards of
work. Dismissal or suspension without pay may take place in accordance with the disciplinary
procedure set out in the Employee Handbook if the standard of work falls below an acceptable level
or fails to improve after due warning. Summary dismissal may take place in instances of what we
regard as serious misconduct. Any matters of concern will be brought to your attention and you will
be given the opportunity of giving an explanation before any decision is made as to the form of
disciplinary action to be applied. Full details of the Company’s disciplinary procedure is set out in
the Employee Handbook.
14. We take seriously our obligations regarding the safety, health and welfare of employees and in that
regard, your attention is drawn to the company's safety statement which is available from HR. If you
have any further health and safety queries please contact HR.
15. If not previously terminated, this contract will be terminated by reason of retirement at the end of the
month in which your 60th birthday occurs.
16. During your employment, you must devote your time, attention and skills exclusively to the business
of the Company and you must use your best endeavors to promote the interests, business and
welfare of the Company. You will not, during the continuance of your employment engage in work
or employment for any other party without the prior written consent of the Company. You must avoid
outside business relationships or business dealings with any of the Company’s customers, suppliers
or competitors.
17. You will understand that the business of the Company is of such a nature as to require discretion
and confidence in relation to your work and in relation to matters which you may come into contact
with during the course of your work. You must not during the continuance of your employment or at
any time thereafter, except as authorised by the Company, in the proper performance of your duties
disclose or cause to be disclosed to any person or use for your own purposes or for any purpose
other than those of the Company any confidential information which you may have received or
obtained during your employment with the Company or information in respect of which the Company
is bound by an obligation of confidence to the third party and you shall use your best endeavors to
prevent the publication of the disclosure of any such information.
18. All notes, memoranda, documents, records and writings made, received or obtained by you and any
matters relating to the organisation, business, finance, customers, suppliers, dealings, transactions
or affairs of the Company shall be treated as confidential and shall remain the property of the
Company and shall be delivered by you to the Company forthwith upon request.
The restrictions contained in this clause shall not apply to:
(i) any disclosure authorised by the Company or required in the ordinary and proper course of
your employment or is required by order of a court of competent jurisdiction or an
appropriate regulatory authority; or
(ii) any information which you can demonstrate was known to you prior to the commencement
of your employment by the Company or is in the public domain otherwise then as a result of
a breach of this clause.
For the purposes of this clause “confidential information” means any proprietary information, whether
or not protectable as a trade secret which provides an advantage to a competitor or which a party
wishes to designate as confidential for a valid business reason or, without prejudice to the generality
of the foregoing, which concerns the business, finance or organisation of the Company, their
suppliers or customers, which shall have come to your knowledge during the course of your
employment. For the avoidance of doubt, confidential information shall include User Data.
“User Data” is defined as information directly or indirectly collected by the Company from users of its
services. User Data includes individual log files related to any user session or use of the Company’s
services or log files in the aggregate. User Data also includes personally identifiable information,
which is information that can be directly associated with a specific person or entity such as a name,
address, telephone number, e-mail address, or information about activities that can be directly linked
to a user such as an IP address or cookie information.
19. Any discovery, invention, improvement, process, design or procedure made or discovered by you, or
any drawings, computer programmes, documents, memoranda, correspondence in whatever form of
which you are the author or originator or otherwise produced by you alone or jointly with any other
person while in the employment of the Company and in the performance of your duties hereunder
or conceived in the course of your employment and whether or not it falls within your duty to make or
otherwise in connection with or in any way affecting or relating to the business of the Company or
capable of being used or adapted for use therein or in connection therewith shall forthwith be
disclosed by you and shall be the exclusive property of the Company to the fullest extent permitted
by law and, in relation to copyright, and without limitation to the above, throughout the world for the
full period of copyright including extensions, renewals and revivals and to the extent possible in
perpetuity.
If and whenever required to do so, whether during or after the termination of you employment, you
shall, if necessary or required by law at the expense of the Company, take all steps which may
reasonably be required by the Company to assign to the Company any copyright or other intellectual
property rights and apply or join in applying for Letters Patent or other similar protection in Ireland or
in any other part of the world for any discovery, invention, process, improvement, design or
procedure as referred to in this clause and you shall execute all instruments and do all things
necessary for vesting the said Letters Patent or other similar protection when obtained, and all right
and title to and interest in the same in the Company or its nominee absolutely and as sole beneficial
owner.
You hereby irrevocably appoint the Company to be your attorney in your name and on your behalf to
execute and do any such instruments or things and generally to use your name for the purpose of
giving to the Company or its nominee the full benefit of the provisions of this clause.
20. All grievances must be dealt with in accordance with the Company grievance procedure. Full details
of which are contained within the Employee Handbook.
21. Upon termination of your employment you shall immediately deliver up to the Company all Company
property including, but not limited to, all correspondence, documents, memoranda, papers,
computer discs, objects or source codes, writings, credit cards, keys, mobile telephones and other
property of the Company which may be in your possession or in your control by reason of this
contract.
22. The Company reserves the right to make reasonable minor changes to any of your terms of
employment from time to time. Such changes may be made by way of general notice applicable to
all employees or by way of specific notice to you. Any such changes shall take effect immediately.
At least one month’s written notice will be given to you of any significant changes which may be
given by way of an individual notice or a general notice to all employees. You will be deemed to
have accepted such a change unless you notify the Company of any valid objection, in writing,
before the expiry of the one month period.
23. The provisions of this contract shall constitute notice to you of your terms and conditions of
employment as are required to be given to you pursuant to the Terms of Employment (Information)
Act, 1994.
Attached to this Contract is our Data Protection Policy setting out our policy with respect to the processing of
all personal information. It is also contained with the Employee Handbook. Please familarise yourself with
this policy, sign and return it with this Contract, to show your acceptance of the terms therein.
This letter is sent to you in duplicate. If you find it acceptable, I would ask you to sign the original and return
it to us before 7th October 2005. In anticipation, that you accept the terms, and that we will find the results of
your references to be satisfactory, please report to our offices on your start date at which time you should
bring with you your certificate of tax free allowances/P45 (if you have worked in Ireland or the United
Kingdom prior to joining Google).
This contract of employment is governed by Irish law.
Yours sincerely,
Rachel Mooney
Human Resources Manager
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