EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

09.06.18

‘Reformist’ Campinos Seems to be Accelerating EPO Layoffs by Removing Without Warning Staff That’s Perceived as Not Loyal Enough

Posted in Europe, Law, Patents at 9:39 am by Dr. Roy Schestowitz

Recent (on the “professional incompetence” of António Campinos): ‘Efficiency’ in Action: António Campinos is Sending Jobs Abroad, Then Gagging Critics

Rule of Law and respect for staff: more of the same

Summary: The mask of Campinos is slipping only a couple of days after people return from their summer vacation (Campinos officially started his job in July, i.e. during this vacation)

THE WOLF in charge of the EPO has just howled. There’s a purge. It’s becoming rather clear that nothing really changed at the EPO except the layoffs [1, 2]. The following letter got ‘leaked’ to us by one of its recipients around lunchtime. It was sent out some time this morning and here’s what it said:

6 September 2018
su18016hp

Rule of Law and respect for staff: more of the same

Dear SUEPO Members, dear Colleagues,

We regret to inform you that on Tuesday, 4 September 2018, an examiner working in The Hague was dismissed following a procedure before the Joint Committee on Article 52 and 531.

Our colleague has been working at the EPO for more than 10 years. His daughter started at the European School of The Hague only last week. On Monday he was still working. On Tuesday he arrived at the office only to discover that his badge had been deactivated. He became aware of his immediate dismissal when he came to work and went to the reception desk to enquire about his badge problem.

We happened to bump into our colleague as he was being escorted out by two security guards in the evening after he had been given the opportunity to collect his personal items.

The (immediate) dismissal of our colleague raises many questions:

First, in our view at present any dismissal based on Article 52 ServRegs is fundamentally flawed. On 20 July 2018 the Central Staff Committee (CSC) sent a letter to the new President addressing exactly this problem. The CSC pointed out to Mr Campinos that the Office had not met its obligation to define procedures for the implementation of Art 52 ServRegs, contrary to the requirements of Article 52(1), and stated that an ad hoc procedure, defined on a case-by-case basis (if any) cannot be (seen to be) fair to the concerned colleagues.

The CSC also appealed to him to put all pending cases on ice until fair procedures are defined2. This clearly did not happen. So, was the President ill-advised when he took the decision to dismiss the colleague?

___
1 The “Joint Committee on Articles 52 and 53″ deals in particular with “professional incompetence” (Art. 52 ServRegs).


Second, the specific circumstances of this case raise additional questions.

According to the regulations in force the notice period for our dismissed colleague is 9 (nine) months. Why has management deemed necessary to give immediate effect to the dismissal?

Why did management choose dismissal instead of e.g. classification into a lower group or downgrading? Was our colleague offered another position in the organisation before considering such a drastic measure as dismissal?

Why did management wait until the very last possible moment to inform our colleague3 and made him go through the humiliating steps described above? Is the Office going to provide adequate financial compensation for the dismissal with immediate effect, including health insurance coverage, pension contributions, payment of school fees?

The President has invited The Hague staff to an inauguration party for New Main on Friday. It should be a time to celebrate. Instead, there is now a cloud of uncertainty and fear. The SUEPO Committee is scheduled4 to have a meeting with Mr Campinos on Friday afternoon – this case will definitely come to the table.

We will keep you posted of any further developments.

Your SUEPO Committee

___
2 In the absence of clear, fair and transparent procedures, the Joint Committee simply cannot do its work as it must according to the requirements of Art. 52 ServRegs.
3 According to Article 53b, paragraph (4), the President shall take a reasoned decision within two
months of the date of receipt of the Joint Committee’s opinion.
4 Since Monday 3 September, i.e. before the dismissal.

Quite an event for SUEPO to have its likely first meeting with the President (after more than two months on the job!) over…

With an attitude like this, Battistelli’s construction site, adjacent to the old building (and still with the cranes on top of it), might also see people voluntarily falling off. This is a ‘third-world’ employment and HR set of standards. Maybe this is what Bergot and Campinos can joke about (in French of course) up in his private pub in Munich.

This letter (above) was mentioned at around midday today because IPPro Patents wrote about this ugly dismissal and SUEPO then mentioned the situation by just linking to this. No further comment; no public comment…

From the IPPro Patents article, which repeats somewhat of a smear in the headline: (“controversial ‘incompetence’ provisions,” it says; “professional incompetence” is a widely misused (and insulting) term that we mentioned many times before; it’s totally meaningless and it has even been used as an excuse for dismissing staff for developing/suffering disabilities while on the job).

The European Patent Office (EPO) has dismissed another employee under new provisions in its service regulations that allow dismissals based on “professional incompetence”.

[...]

In a message to members of the SUEPO, the union explained that the employee had been working at the EPO for more than 10 years.

The message added: “His daughter started at the European School of The Hague only last week.”

“On Monday he was still working. On Tuesday he arrived at the office only to discover that his badge had been deactivated. He became aware of his immediate dismissal when he came to work and went to the reception desk to enquire about his badge problem.”

“We happened to bump into our colleague as he was being escorted out by two security guards in the evening after he had been given the opportunity to collect his personal items.”

SUEPO called article 52 “fundamentally flawed” and noted that the EPO’s Central Staff Committee (CSC) had sent a letter on 20 July to the Campinos addressing this problem.

According to SUEPO, the CSC had pointed out to Campinos that the office “had not met its obligation to define procedures for the implementation of article 52 of the service regulations, contrary to the requirements of article 52(1), and stated that an ad hoc procedure, defined on a case-by-case basis (if any) cannot be (seen to be) fair to the concerned colleagues”.

[...]

Finally, SUEPO asked why the management of the office waited until the “very last possible moment to inform our colleague” and made him go through the “humiliating steps” described in its message.

“Is the office going to provide adequate financial compensation for the dismissal with immediate effect, including health insurance coverage, pension contributions, payment of school fees?”

IPPro Patents also published (a very short while ago) this article about UPC’s failure in Poland — a subject which Team UPC doesn’t like to talk about. We wrote about a rare admission that UPC is rotting away (this morning) and now not there’s this:

Ewa Skrzydło-Tefelska, partner at Polish firm Sołtysiński Kawecki & Szlęzak, says that Poland’s IP system is compatible with all other European states bar one aspect—Poland has refused to join Europe’s Unitary Patent system.

She says that Poland declined after initially accepting the system because “participation in the Unified Patent Court (UPC) would be detrimental for Polish small- and medium-sized enterprises”.

[...]

Skrzydło-Tefelska highlights that both Polish IP specialists and authorities are of the view that the UPC “is not an accomplished legislation. Comparing it to the EU trademark, the UPC is an empty shell, because there is practically no material patent law in it.

This is correct. We don’t believe that UPC (in any form) will ever see the light of day and any illusions that Campinos will turn things around at the EPO have just been shattered by his own actions. He’s a wolf (or lobo) as insiders pointed out this week.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. FOSSPatents Conference is Against FOSS, Promoting the FOSS-Hostile Construct Known as RAND or FRAND

    Do not be misled by the term Free/Open Source software (FOSS) in the name FOSSPatents and whatever relates to it (e.g. FOSSPatents Conference); it's not about FOSS but against FOSS, or pro-FRAND



  2. Europe is Under Attack

    European politicians or political candidates pretend to be 'candid'; but they're agents of Power, or put another way, they're there to make the rich and powerful class even richer and more powerful by passing new, ruinous laws in the name of 'the people' or 'for SMEs'



  3. Links 15/11/2019: New Opera and Brave, GNU/Linux Flatpa(c)ked

    Links for the day



  4. IRC Proceedings: Thursday, November 14, 2019

    IRC logs for Thursday, November 14, 2019



  5. Understanding Thierry Breton: Toxic Management Goes on Trial in France

    "In each of these cases, the suicide served as a symbolic act of protest to denounce workplace conditions at France Télécom and attract public attention to its practices."



  6. Thierry Breton's Video/Live Grilling is Over, But the Grilling Continues Online

    Elite politicians aren't reluctant to give Thierry Breton the high seat (or throne); but everyone else realises that this resembles a corporate takeover more than anything



  7. The EPO's Low Patent Quality is Not Just Suicidal; It is Illegal

    With help from the besieged Boards of Appeal (BoAs), which complain that they can no longer judge cases (appeals/referrals) autonomously and independently, the Office in Munich continues to grossly violate the EPC and mimic China's ridiculously low patent bar, which even formally permits patents on algorithms



  8. Links 14/11/2019: Mesa 19.2.4 and GCC 7.5 Released

    Links for the day



  9. Microsoft is Not an Open Source Company But Microsoft Bribed and Took Over Many Open Source Authorities (Rivals' Voice Hijacked)

    Free/Open Source software (FOSS) and GNU/Linux are being taken over by Microsoft moles, bought by Microsoft Corporation, and the collective voice of the alternative to Microsoft and Windows is being muzzled (they tell us they "love" us while they're attacking us and sometimes suing us)



  10. Techrights' Interpretation of Koch v EPO: The EPO's Management Still Attacks Staff Representatives

    The EPO hopes to get its victims (of EPO abuse) to not only foot their own bills but also the EPO's



  11. Understanding Thierry Breton: “Mister Cash” Arrives at France Télécom

    The psychological harassment of the France Télécom workforce led the "suicide wave" after Breton had left France Télécom



  12. The Breton-Battistelli Relationship and Breton Hiding His Employment Record at Rothschild & Cie Banque

    EPO scoundrels such as Battistelli are closer to Breton than most people care to realise; Breton is hiding part of his career ahead of today's grilling



  13. A Lot of EPO Staff on Dutch Land Protested (Despite Abusive Threats From Management) and a Strike is Reportedly Next

    EPO management in Rijswijk tried hard to prevent workers from protesting on their free time (lunch break), reaffirming that same old belief that nothing is changing at the EPO and nothing will change without truly disruptive action



  14. IRC Proceedings: Wednesday, November 13, 2019

    IRC logs for Wednesday, November 13, 2019



  15. Links 13/11/2019: Docker Enterprise Bought, WordPress 5.3, Qt 5.12.6 Released

    Links for the day



  16. Rebranding Malware and Spyware as 'Linux' to Dilute the Brand (and the News)

    Signal-to-noise ratio continues to be reduced, as a lot of "Linux" news has nothing to do with GNU/Linux or even with Free software



  17. Understanding Thierry Breton: In the Beginning...

    Career roundup of Thierry Breton, possibly the next EU Commissioner



  18. Startpage Has Been Delisted, But it Ought to be Blacklisted

    Startpage has just warned its fans (I am a former fan) of what Startpage itself covertly became months back



  19. IRC Proceedings: Tuesday, November 12, 2019

    IRC logs for Tuesday, November 12, 2019



  20. Links 12/11/2019: Plasma 5.17.3, More Intel Defects, Bytecode Alliance

    Links for the day



  21. You've Gotta Go When You've Gotta Go

    How most staff of the European Patent Office (EPO) feels these days



  22. Teaser: Thierry Breton and His Disquieting Past

    "The company attracted notoriety and loathing in the UK for its role in assessing disability benefit eligibility."



  23. EPO and EU: People Behind the Faces

    It’s no secret that the EPO breaks the law and European officials have taken no concrete steps to intervene; to make matters worse, potentially new EPO allies may soon be put in charge of the EU Commission



  24. Maintaining the 'Delete Github' page

    "This list really is a starting point, which can hopefully increase awareness about the issue of concern."



  25. Linux Foundation Picking Money

    The dating standards of the Linux Foundation



  26. Microsoft 'Borrows' the Linux Brand

    With help from the likes of the Linux Foundation Microsoft continues to misuse and ‘dilute’ the Linux brand (and registered trademark)



  27. EPO Corruption Compared to Cocaine Scandals in Antwerp

    Days after the Dutch protest discussion is sort of 'uncorked' regarding EPO corruption (published, as usual, in the form of anonymous comments)



  28. SUEPO Showed That the Media Won't Cover EPO Corruption Until Half the Workers March in the Streets

    What ought to have been a central (if not 'the' central) issue of debate in Europe is still being treated as borderline irrelevant or marginal



  29. Meanwhile in California

    News from California is being spun by Microsoft this week, owing to weak journalism that's more like PR than journalism



  30. Privacy-Centric Services and Even Drupal/Acquia Defect to the Camp of Mass Surveillance

    In search of money [pun intended] companies and services that are supposed to respect their customers and users turn out to be doing the opposite; this merits research and public discussions


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts