European Patent Office Causes Physical Harm to Employees, Then Fires Them
- Dr. Roy Schestowitz
- 2018-01-14 20:11:03 UTC
- Modified: 2018-01-14 20:11:03 UTC
Related:
Summary: Another one (among many) EPO documents about the alarming physical wellbeing of EPO employees and the management's attitude towards the issue
I. The EPO Health Insurance:
II. Making Us Sick And Making Us Pay For It?
Summary
The administration has submitted a document to the next GAC which proposes amongst others to effectively remove the 2.4% (of basic salary) ceiling on the Vanbreda staff contribution. The staff representation considers such a proposal inappropriate and premature at a time when the alternative solutions (e.g. the internal insurance) unanimously agreed by the Vanbreda working group have not yet been implemented. More importantly, however, the staff representation strongly opposes any increase in staff costs as long as the Office neglects its duty of care towards staff by not protecting staff health and not implementing essential parts of the EPO health policy.
A. INTRODUCTION
In 2007, after a decade of nagging by the staff representation, the Office finally introduced a health policy and founded an occupational health department. The health departments have, however, been understaffed from the very beginning. Repeated requests from the staff representation to provide the newly hired occupational health physicians temporarily with a project manager to help them set up their departments were refused with the effect that they spent most of their first year battling their way through the Office’s red tape in order to order their material, hire staff etc. Two years later “sick leave management”, essentially: staying in touch with sick staff in order to offer support for a return to work1, is in place. The ergo-WUC network has also largely been reactivated and "work-pace" soft-ware has been made available to staff. But more remains to be done.
_____
1 Contact with the Occupational Health Service is voluntary. If you feel that the contact is not helpful for you, you need not continue. The Occupational Health Service furthermore cannot challenge sick leave (full-time or part-time) prescribed by your treating physician. Only the Medical Advisor to the Administration (Dr. Koopman) can verify sick-leave, following the procedure foreseen under Art. 62(nn) of the ServRegs.
B. UPPER LIMB DISORDERS
In 2004, TNO2 found that a whopping 39% of the EPO staff suffered from Upper Limb Disorder3 (ULD), and that 19% had been treated for those complaints. Even the best ergo-WUC is helpless when faced with un-ergonomic software, especially when combined with long hours on the computer and high work pressure. Since 2004 our software has not improved significantly from an ergonomic point of view, the time spent on the computer has not diminished, and neither has the work pressure. There is thus no reason to believe that the situation has improved insofar as ULD / RSI is concerned4.
We note that the EPO’s health policy prescribes regular risk analyses. These should include a follow-up on the TNO study. The Occupational Health Department is working on a proposal for a risk analysis. However, none has been made thus far and, obviously, any follow-up in practical measures is even further away.
The major overhaul of the Office’s computer systems now planned could provide an opportunity to greatly improve the ergonomics of the Office’s software. We do not, however, have much evidence that ergonomics has a very high priority compared to e.g. (perceived) “efficiency”. In particular: we have seen no clear ergonomics policy or guidelines for the soft-ware, we have not seen a dedicated budget etc.
C. PSYCHOLOGICAL PROBLEMS
Another major factor for staff ill-health, and apparently the most frequent cause of invalidity, are psychological problems. It is our impression that a high percentage of these problems are caused by, or at least aggravated by the Office, in particular by a frequently inappropriate management style at all levels. This is confirmed by all psychosocial studies done so far, including the staff surveys, and also by the psychiatrist5 whom the staff representation advises to staff in need of support. Our highest management displays a serious lack of understanding of, and respect for, the work of the EPO staff. Constant, badly thought-through changes in working methods and tools, constant reorganisations and more recently: a constant threat to the working conditions make things worse. For some staff the situation is further aggravated by the Office’s inability or unwillingness to control and take measures against line managers who cause serious distress to their subordinates. Last but not least, there is furthermore a lack of effective support for staff with work-place related health problems. In particular for examiners there are no alternatives for search and examination work. A high work diversity (search and examination for examiners, several “procedures” for formalities staff, a whole range of services for staff in the Personnel Dept. etc.) is asked from all staff, including staff in bad health. The department as a whole is furthermore penalized for keeping sick staff on board on reduced time and/or capacity since the number of budgeted posts has been reduced to the minimum and there are no super-numery posts for staff with reduced capacity. Simpler work elsewhere is no longer available since almost all such work has been out-sourced. The above deficiencies seriously hinder effective reintegration and contribute to high sick leave and invalidity levels.
We note that a psychosocial health risk management, starting with a psychosocial health risk analysis, is now generally considered an integral part of any modern staff health policy. Extensive
____
2 TNO report
3 also called RSI (Repetitive Strain Injury)
4 Dr. Bosch expresses the opinion that the level of RSI has gone down based on the lower number of complaints received by her department. This can, however, have other reasons like staff with long-term complaints no longer seeking advise from the Occupational Health department.
5 Report Dr. Teuschel, 2008
information about psychosocial health management is provided by World Health Organisation6. We are, however, not aware that the Office has undertaken any serious initiatives in this respect. On the contrary: existing psychosocial support staff (by the Personnel Department, Amicale, Kids e.a.) is constantly under threat of budgetary savings.
D. THE PRICE TO PAY
Under the circumstances, it is not surprising that the sickness and invalidity figures in the Office are relatively high. This in turn leads to relatively high costs, in particularly in Munich where the charges made by the medical establishment are higher than in most of the other places of employment. In order to address these specific local problems, the staff committee has repeatedly requested support from the Office against medical doctors who are blatantly over-charging, but staff is still left to struggle on their own with bloated invoices and aggressive “Abrechnungsstelle”. Similarly we have asked for a “white list” of reasonably priced doctors and ideally “preferred providers” near the Office buildings to whom staff can go, if they so wish. Thus far no progress has been made in this respect.
We note that e.g. the EU has a separate insurance for the costs incurred due to accidents at work and/or occupational disease, which is entirely funded by the employer. It stands to reason that health costs that have been caused through the work are carried by the employer. This also provides a motivation for the employer to keep the working place as healthy as possible (the sort of direct link between “performance” and “pay” that the Office seems to favour for its staff!).
E. THE OFFICE’S “CURE”
The “cure” proposed by our administration is, however, neither improving the health of the staff through improved prevention at work, nor taking over the costs of work-related health problems: the Office is proposing to make staff pay for the consequences of the increase in health costs. Already working spouses have been excluded from cover or been made to pay. As a next step the Office proposes the removal of the 2.4% of basic salary as the ceiling on the staff contribution. The next in line are the pensioners who will be charged a percentage of their final salary rather than a percentage of their actual pension, as well as spouses of pensioners who will have to make use of their primary insurance.
Whereas we would possibly understand such measures if everything else, in particular all more reasonable measures (e.g. the 6 unanimous measures of the Vanbreda working group), had been tried first and costs would remain well above the ceiling for several years, at this stage such measures are inappropriate:
at present the Office is making us sick and making us pay for it!
If the legislator has built in a ceiling then the intention must have been to protect staff from higher charges and to force the Office to manage staff health correctly. The latter has clearly not been done: a health policy has been adopted but essential parts such as risk analyses and management have not been implemented.
The staff representation therefore demands that the Office:
1) awaits the effect of the cost-saving measures already taken (amongst others increased reliance on the primary insurance),
2) implements the 6 further measures7 unanimously agreed by the Vanbreda working group, and awaits their effectiveness, and
3) awaits the full effective implementation of the OH policy,
_____
6 PRIMA-EF brochures
7 e.g. the self-insurance, which should save around 1,5 million Euro per year; see su09117cp
before considering introducing further changes in the financing of the EPO health insurance scheme that negatively affect staff, either in the short term or in the longer term.
The Staff Committee will reiterate this position in the GAC that takes place in the second week of September and, if necessary, again in the October Budget and Finance Committee and Administrative Council meetings. If all this will be in vain we will file internal appeals. In our opinion such appeals would have a good chance of success.
Recent Techrights' Posts
- The Brand 'Watsonx' is a Terrible Name for IBM 'Hey Hi' (Chatbots) Because Watson Agreed With Adolf Hitler
- Almost a century has passed and IBM still believes that selling "intelligence", chatbots in particular, should be done under the name "Watson"
- Digg's Latest Incarnation Already Failed, It's Infested With LLM Slop
- Many submissions go to slopfarms and some get summarised by slop
- Microsoft-Controlled Media With Embargo and Press Operatives
- This won't be the last example of media manipulation for narrative control or face-saving "damage control"
- EPO "Cocaine Communication Manager" - Part III - It's in His Eyes
- Workers are free to draw their own conclusions
- Former Debian Project Leader Branden Robinson Cautions Against Cover-up and Censorship in Debian
- Debian drama. Again.
-
- GNU/Linux Grew a Lot in Nicaragua
- We've not noticed until today
- Techrights Has Over 1,000 Good Articles 'in the Tank'
- Drafts, notes, and lengthy documents
- New Article Challenges Solicitors Regulation Authority (SRA) for Choosing the Wrong SLAPP Cases to Investigate
- The one point we can agree on is that SRA does not know how to correctly select the worst culprits/offenders
- Why IBM is Still Scary and Dangerous
- Keep a distance from "Big Blue" Bully
- Measuring the Growth of Our Mission and Community
- Something between experiment and prototype
- Richard Stallman in the United States - Part III - Georgia Tech Did a Fine Job Upholding Free Speech Principles
- The real problem was social control media (toxic)
- Debian's Master is Deleting Criticism of SystemD and Other Things (On-Topic and Published by Debian Developers), Resorts to the Excuse Messages Are "Too Long"
- Censorship serves nobody except the masters that control this censorship
- Gemini Links 21/02/2026: Veganism and DeskPi RackMate T0
- Links for the day
- On The Web, XBox Already a Dying Breed
- Down to about 0.05% on large machines, based on statCounter [...] Microsoft will never publicly admit or say how many billions it lost on the XBox
- 2026 a Year of 'Top-Down' Microsoft Layoffs (Management First)
- Stay tuned for what comes next
- Your "Likes" Aren't Yours and They're Mostly "Worthless Clicks"
- Social hermits are not popular, irrespective of how many "Facebook friends" or "likes" they get
- Waggener Edstrom/Frank Shaw Lied, There Are Definitely Microsoft Layoffs
- Microsoft never issued a formal statement, it made allusions by proxy
- Slop Hype Makes Our Core Technology Less Reliable and Far Less Resilient (We Pay for the Catastrophe That Follows)
- Only slop-free projects can be trusted
- Going for 1,000 (Days of Uptime)
- universal records are vastly better
- Firefox is No-Go in China, Not Even 1% "Market Share" Anymore
- Given Mozilla's utterly rubbish marketing these days (politics over technical aspects), set aside the cheerleading for slop, there's hardly a chance of Mozilla Firefox reaching or exceeding 10% again
- Links 21/02/2026: Tensions Over Iran and Illegal Cheeto Tariffs, Presidential Approval Sags
- Links for the day
- Links 21/02/2026: "Moving Away From Cloudflare", Many Layoffs or Shutdowns in Games (Including XBox/Microsoft)
- Links for the day
- GNU Linux-libre is a Grown-Up Today
- "before that, every distro that wanted to respect its users' freedom had to remove itself all of the binary blobs that were distributed as part of the kernel Linux's so-called sources"
- Over at Tux Machines...
- GNU/Linux news for the past day
- IRC Proceedings: Friday, February 20, 2026
- IRC logs for Friday, February 20, 2026
- Gemini Links 21/02/2026: "The Evil of Action" and Slop Bots Causing Great Harm Online (Not Just the Web)
- Links for the day
- Like a Shell
- Overreactions can backfire
- Not Only Leaders of XBox Got Sacked (Layoffs)
- Phil Spencer and Sarah Bond got laid off
- 9PM on a Friday Night: Microsoft Says the Layoffs Are Not Layoffs
- We've said for a long time that XBox is doomed this year
- Gemini Links 20/02/2026: Misfin Server and Magic in Programming
- Links for the day
- analytics.usa.gov Reckons Windows "Market Share" Fell to Just 38%, Vista 11 Not Even a Third of Windows Users
- This coming summer Vista 11 turns 5
- The New Digg.com is Slop
- Slop "summaries" and Serial Sloppers are drowning out the site with fake 'articles' (plagiarism)
- Linus Torvalds: Bill Epsteingate Good Enough for Me to Wine and Dine With
- Torvalds is more connected to Jeffrey Epstein than Richard Stallman ever was
- Our Uptimes Are Always Better Than Any Site That Uses Clownflare
- Clownflare as a company operates like a cult
- GNU/Linux Apparently Rose to 6% in Uzbekistan
- If accurate, this represents a new problem for Microsoft and a big win for Software Freedom
- Sponsored Videos and 'Articles' in The Register MS, Stenography as a Service/Product
- They should more accurately label these actors
- It's Friday Again and Many People Leave IBM for Good (IBM Should be Reported for Illegal NDAs That Hide Layoffs)
- we very seldom see anyone deviating a lot from the "template-like" narrative, let alone mentioning "layoffs" or "RA" or some other term that implies non-consensual departure
- The Little Clique of Sloppers/Spammers About "Linux" Got Even Smaller
- Thankfully there are still genuine and legit GNU/Linux sites out there
- Links 20/02/2026: Microsoft Intentionally Kills Older Hardware, "The Story of XBox" Shows How Defective Microsoft Hardware Really Was
- Links for the day
- Turkmenistan One of Many Countries Where Microsoft Fell to Distant Third in Search
- We expect many layoffs in Bing some time soon
- Don't Wait for "Red Hat Layoffs" Because After Bluewashing They're IBM RAs and Don't Wait for "IBM Layoffs" Because They're Perpetual
- IBM layoffs are silent and "forever" (small trickle that never ends and is widespread - after all IBM is a very global and ubiquitous firm)
- Links 20/02/2026: Standards, Science, and Politics
- Links for the day
- What Do People Ever Buy From Microsoft Anyway (Not PCs)?
- Microsoft sells two things these days: 1) vapourware/promises. 2) its stock.
- Gemini Links 20/02/2026: "Mainstream Unix, Underground Unix", Slop Staging DDoS Attacks Against Small Sites
- Links for the day
- IBM Inclusivity: Red Hat Summit is for Rich Sponsors Like Microsoft and Rich Guests Who Pay $500 a Day
- Nothing signals societal tolerance more than paying a large military contractor
- GNU/Linux Adoption is Higher in Richer Countries
- Is it because freedom is actually expensive - something that only privileged people can pursue?
- Links 20/02/2026: Windows TCO Versus Deutsche Bahn, Europe Seeks More Independent Digital Future
- Links for the day
- IBM, Red Hat and Fedora: Don't Say "Master", It Offends People. Also IBM, Red Hat and Fedora: "Master Podman".
- The hypocrisy at Red Hat and Fedora shows no boundaries
- IBM Layoffs Aren't Just in IBM 'Proper'
- Who is still using Lotus after the HCL move?
- The Register MS Gets Paid by Gartner to Promote a Ponzi Scheme for Gartner, Microsoft, and Others
- The credibility of that site will suffer because it tries to sell a major scam to its audience
- Over at Tux Machines...
- GNU/Linux news for the past day
- IRC Proceedings: Thursday, February 19, 2026
- IRC logs for Thursday, February 19, 2026
- Gemini Links 19/02/2026: "Towards a Gemini Famicom Resource" and Dumping Microsoft
- Links for the day
- IBM Behaves Like a Company Looking for Loose Change Between Sofa Cushions
- Chasing laid-off workers for dollars and even pennies, making excuses and devising loopholes (such as PIPs) to flout severance obligations
- Microsoft Found Another Bailout Opportunity: Killing People
- Good thing that Nadella is not racist!
- No "Smart Mobs" (Social Control Media) in BRIC?
- It looks like the "Social" "Media" sites tracked by statCounter see little from (or of) BRIC, and moreover it is declining fast
- The Few Slopfarms We Saw Today
- The sentiment has changed a lot
- Links 19/02/2026: Protecting Framework Laptop 13, Hardware Drive Shortages
- Links for the day
- In Africa's Second-Largest Nation, Democratic Republic of the Congo (DRC), Opera 10 Times Bigger Than Firefox (and GNU/Linux Now at 5%)
- This will become an accessibility problem
- Links 19/02/2026: "A.I.pocalypse" Inevitable and "Butlers to LLMs"
- Links for the day
- An Inherently Royal (Monarchs') Legal System Where Size Matters (Big Capital Eats the Small)
- This reinforces the notion that justice is only for those who can afford it
- These Statistics Should Keep Microsoft Shareholders Awake at Night
- Windows is, in general (all versions collectively), declining over time
- Economic Failure and Other Harsh Realities Have Nothing to Do With Slop 'Innovation'
- Advanced propaganda, not advanced 'AI' [...] They attack workers while insulting their intelligence
- Spaniards Shutting Down MElon's Digital Weapon of "Smart Mobs"
- Are the Spanish people already acting based on gut feeling and shunning/shutting out the provocation vector?
- Bitcoin: government engagement contradictions
- Reprinted with permission from Daniel Pocock
- Richard Stallman in the United States - Part II - "Haters Gonna Hate"
- we shall carry on with this series at the right pace
- Typical! Solicitors Regulation Authority (SRA) Tells Victims of Fraud to Wait 10 Weeks
- justice delayed is justice denied
- EPO Union Leaders in Rijswijk Explain Where EPO Strikes Stand and How to Prepare for Next Week's
- We have some revelations to share in a few days
- statCounter: Only One in 350 Iranians Would Use Microsoft for Web Search
- Microsoft is trying to fake "demand"
- Slides Shown a Week Ago by the EPO's Staff Committee Ahead of the Second Very Large Strike
- This coming weekend we'll drop a 'bombshell' of sorts
- EPO "Cocaine Communication Manager" - Part II - Illegal Drug Addicts Mobbing the Wrong People, This Will Definitely Backfire
- This year may well be the last year of Team Campinos. Nobody will hire them after that.
- Mass Layoffs (But Silent Layoffs) Still Happening in IBM, You Need Only Look Closely (There Are NDAs, PIPs, 'Early Retirement' Sweeteners and IBM - Like Microsoft - Skirts the WARN Act)
- the layoffs are definitely happening
- Microsoft's "AI CEO" (Slop Propagandist) is Projecting, Many Microsoft "Jobs to be Replaced With All-Indian Low-Paid Staff in 12 Months"
- Windows is perishing
- Very Little Slop
- We are not finding much slop anymore
- Links 19/02/2026: Illegal Kangaroo Court for Patents Attracts Aggressive Firms, Public Domain Review Grows
- Links for the day
- Gemini Links 19/02/2026: Taxing the Rich, Raspberry Pi 4 Tinkering
- Links for the day
- Over at Tux Machines...
- GNU/Linux news for the past day
- IRC Proceedings: Wednesday, February 18, 2026
- IRC logs for Wednesday, February 18, 2026