Bonum Certa Men Certa

EPO Staff Union: 'New' Team Campinos Practice “Reminds Us Strongly of the Battistelli Times.”



Campinos TurkeySummary: "The fact that top management does not seem to care to be seen publishing such an unlawful "guidance" tells volume about the interest for (and the respect of) the rule of law in management circles," SUEPO notes

The Staff Union of the European Patent Office (EPO), often known as "SUEPO" for short, has just released a new document. Bearing in mind that António Campinos has not actually tackled any of the issues and is in fact promoting European software patents more than Battistelli did (even if European courts reject these), the following is noteworthy and an insider (Märpel) blogged it in full, noting it was circulated in private the day eDossier died (context in [1, 2]):



"Rat race 3.0" Part I: Staff Reporting in the New Career System (NCS) – Total mayhem Dear SUEPO Members, dear Colleagues,



Background

In September 2018 Mr Campinos dismissed an examiner colleague for alleged professional incompetence. He did so even though the CSC had drawn his attention to the unlawfulness of any procedure based on Art. 52 ServRegs (dealing with professional incompetence) until and unless implementing rules to Art. 52 are defined. The CSC could not support the implementing rules proposed by management in the GCC-meeting of 18 December because they were lacking clarity and sufficient safeguards for staff.

With no implementing rules to Art. 52 in place, management now follows an alleged "existing practice", implying that EPO employees can be brought before the "Joint Committee on Art. 52 & 53" after three consecutive years with a very poor assessment of their overall performance (at level "8" in the appraisal report). This opens the perspective to subsequent dismissal by the President. We are convinced that any decision to dismiss a colleague under such undefined "practice" would be illegal, as it cannot replace the missing implementing rules. Unfortunately, such consideration will not deter management from firing anyone, as already demonstrated by Mr Campinos' September decision.

Fear policy

Some colleagues have already been informed by their Reporting Officer (RO) that their overall 2018 performance is likely to be rated at "far below the expected level". In the managers' interpretation this puts or keeps the staff member on the track leading to possible dismissal for incompetence. Clearly procedures for dismissing staff for incompetence are not meant to be used only in truly exceptional cases. Threatening with professional incompetence procedures is becoming an HR tool for implementation of EPO policy. The intention seems to be to get everyone working harder or quicker for fear of dismissal. Such management methods are toxic and dangerous. They have already been tested elsewhere, e.g. in France Telecom 10 years ago, with a disastrous effect on staff's health and a wave of work related suicides.

Removing the overall box marking...

Together with the New Career System (NCS) management introduced new rules for staff reporting, i.e. Circular No. 366 (C366) "General Guidelines on Performance Management". The first version of C366 entered in force on 1 January 2015 and was applied for three years until the end of 2017. At that time C366 was totally revamped and replaced as from 1 January 2018 by the present "Guidelines on performance management". They were in force in 2018 and remain in force in 2019.

For the first time in the EPO's reporting-history the current C366 was introduced without a template for the appraisal report . Only when accessing the online tool SuccessFactors after the 2018 reporting exercise was closed did staff discover the exact structure and layout of their 2018 appraisal report. This clearly puts the EPO at the forefront of chaotic HR practices in international organisations...

But there is more. Current C366 does not foresee any box marking for the overall assessment of EPO staff. As a matter of fact current C366 was drafted with the clear intention to remove any box marking for the overall assessment, as stated in the introduction paper accompanying new C366 when it was put on the agenda of the GCC in November 2017: "new performance management approach articulates around 3 main pillars", one of them being "the absence of an overall box marking to put the emphasis on qualitative feedback"; "the overall performance is assessed in a qualitative manner and the 8 point scale box marking is removed".

Why did the Battistelli administration introduce this change in C366? From 2015 to 2017 the Office had already been successful in de facto uncoupling staff reporting from career progression (step increase/promotion). By amending C366 management further emptied the appraisal report of its substance. We suspect that the "cunning plan" was to definitely discourage staff from challenging appraisal reports. Why investing time in challenging an appraisal report which has become useless for career progression?

However, during discussions at the end of 2018 between HR and the Staff Representation about professional incompetence, it appeared that HR had realised that an overall box marking could be useful after all, however not for rewarding staff. Their concern was the situation of colleagues already in the "incompetence pipeline", e.g. with two consecutive appraisal reports over 2016 and 2017 with an overall assessment marked "8". Would the absence of an overall box marking in 2018 let them off the hook? Management did not seem to be at all happy about that.

For an amended version of C366 to enter in force on 1 January 2019 it was put on the agenda of the GCC meeting of 18 December 2018. This proposed C366 was reintroducing an overall box marking with only 4 levels to be applied with retroactive effect to the 2018 appraisal reports. The President finally withdrew this amended C366, as already reported by the CSC (see sc19002cp), which therefore never entered in force. It follows that, in accordance with current C366, there cannot be an overall box marking in appraisal reports over 2018, whether on an 8 or a 4-points scale. The overall assessment over 2018 must remain strictly qualitative.

But this is not the end of the story. After having failed to re-introduce lawfully the overall box marking for 2018 (on a 4-points scale instead of 8), management is now implementing it through the back door. The most visible example of this move is the new DG1 "Guidance to performance assessment 2018" circulated by VP1 Office to all DG1 managers on 15 February 2019 and officially published on the Intranet and signed by Mr Rowan, VP1, a few days later.

Surprise, surprise - this "Guidance to performance assessment 2018" asks DG1 managers to conclude their overall assessment of staff's performance by using one of the following expressions:

  • above the expected level 
at the expected level 
below the expected level 
far below the expected level


  • This is a 4-points scale of the overall assessment in all but name . It has no legal value since the retroactive DG1 guidance contravenes C366 in force for 2018, both in letter and spirit . The fact that top management does not seem to care to be seen publishing such an unlawful "guidance" tells volume about the interest for (and the respect of) the rule of law in management circles. This reminds us strongly of the Battistelli times.


The introduction of a 4-points scale overall box marking is not only illegal, it increases the risk of being assessed at "below" or even "far below", since finer assessment over an 8-points scale (as in 2016 and 2017) is no longer possible. In view of the possible very negative consequences of an overall "(far) below" assessment, we advise to challenge your 2018 appraisal report if it contains either the expression "below the expected level" or "far below the expected level". Not doing so would mean that you de facto acknowledge that your 2018 performance was indeed below the expected level . This would weaken your legal position should a procedure for professional incompetence be started later on. In any event we strongly recommend challenging any 2018 appraisal report mentioning "far below the expected level".

In the current EPO environment, we can only recommend that you protect yourself against any (ab)use of the reporting system.

Your SUEPO Committee The Hague


Considering this recent SUEPO publication, it does not look like anyone will be held accountable for massive losses. The rule of law continues to be absent at the Office.

Recent Techrights' Posts

Search @ Techrights: Almost There Now (Maybe an Anniversary Gift)
Just to be very clear, search would not be unprecedented at Techrights
At IBM, Layoffs Start at 1AM (at Night)
not a single English-speaking site covers the news about the layoffs
Envy Makes People Do Self-Harming Things (and Harm to Others)
Online communities that can be deemed successful are built around trust, mutual respect, and collective accomplishment
What Julian Darley Wrote About the Stallman Talk Regarding "AI" in Oxford (2025)
From LinkedIn (Microsoft)
"All truths are easy to understand once they are discovered; the point is to discover them." -Galileo Galilei
This site is educational
Many People Have Said That They "Leave" IBM in Recent Days (Ahead of Mass Layoffs)
So the real extent of layoffs is greater than what's publicly stated (there are silent layoffs) [...] Whatever IBM says about the scope, scale, or magnitude of the "RAs", it doesn't tell the full story
Techrights Will Contact German Media About the EPO's Substance Abuse
This scandal won't "go to waste"
The Rumour Was True, Mass Layoffs at IBM Today
How widespread the layoffs are (or how they're disguised, e.g. PIPs) is hard to assess
 
Richard Stallman's 2005 Article on Why Patents on Software Should be Denied
If patent law had been applied to novels in the 1880s, great books would not have been written. If the EU applies it to software, every computer user will be restricted, says Richard Stallman
"Last Day" at IBM and Red Hat as "Stealth Layoffs" (They Force People to Pretend It's Wilful)
So the real extent of the layoffs is being kept 'undercover'
Slopwatch: The WebProNews Slopfarm and the Serial Slopper
The Web is ill
Links 04/11/2025: Tensions Around Belarus Grow, Turkey’s Hype-inflation Continues
Links for the day
Corporate Media That Fails to Report Cocaine at EPO is Totally Failing to Report Mass Layoffs at IBM
How come nobody anywhere writes about this week's RAs?
Links 04/11/2025: Google Cloud Account Engages in Censorship of the Innocent, arXiv Spammed by LLM Slop
Links for the day
EPO Cocaine Chronicles: Our Aim Will be to Ensure This Becomes a Mainstream Media Topic, Not a Suppressed Scandal (Which the German State Deems Embarrassing and Detrimental to Its Pan-European Patent Franchise)
At the EPO, and perhaps in German media as well, people "fall upwards" (they get rewarded for bad things)
Static Site Generators (SSGs) Made Techrights Better, Faster, Easier to Manage
Consider adopting SSGs if you still use a CMS such as WordPress
But he Was Born in Manchester! (Origin Stories)
Borussia Dortmund does not exist!
GNU/Linux is American, Not Finnish
It started in Boston, not in Helsinki
'Hacker' 'News' Makes Dumb Assertions Against Smart People
A logical fallacy
We Turned Down Every Settlement Offer Because Truths Aren't Determined in Bank Accounts
Without free press, there won't be free society
Why I'm Always Proud of the Site I've Devoted My Life to
As a graffiti around the corner from our home says, "be a better person"
Standing Up or Standing for What's True But Inconvenient
Bad actors need to be called out
Media Coverage Regarding IBM is Vapourware and LLM Slop
With slop images, too
statCounter Says GNU/Linux Rose to 4% in the Russian Federation
Adoption of Vista 11 has been embarrassingly weak
Corruption is Not a Joke
we'll try to limit our use of humour to avoid misunderstandings or misinterpretations
The Slopfarm WebProNews is Overwhelming "linux" Results in Google News
Google News is slop
The Fall of IBM: What Happened?
Just like the EPO continues riding some old reputation acquired in the 1970s IBM relies on old myths like, "nobody gets fired for buying IBM."
IBM's CEO Already Has the Excuse for the Latest Wave of Mass Layoffs
Only days ago the CEO told a bunch of nonsense
Links 04/11/2025: Conflicts, Politics, and IPv6 at Home
Links for the day
Gemini Links 04/11/2025: Entering WiFi Passwords and Programming Rambles
Links for the day
Arch Linux Seems Like the New Debian
Arch users (btw!) are growing in relative and absolute share
Analytics From US Government Affirm a Trend: Microsoft's "Market Share" in Search is Falling
the data set is large
Holding Institutions Such as the EPO Accountable Through Public Information
Speaking truth to power is never easy
EPO Staff Losing Holidays, as Usual, as the Office Increases Profits by Illegally Granting Invalid Patents While Reducing Salaries
How much more can the staff endure and generally tolerate?
Free Software Does Not Always Speak for Itself, It Needs Advocates
Legal matters that relate to sharing of code will be discussed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 03, 2025
IRC logs for Monday, November 03, 2025
The Register MS Continues Looking for Money in Promotion of the "AI" Ponzi Scheme
That The Register MS participates in this deceit rather than tackle/debunk it says a lot about The Register MS
IBM Layoffs in "Software", This Likely Impacts Red Hat as Well
Many people say "software" people are impacted
Escaping Proprietary Software, Not Just Escaping Microsoft
To take control of your life adopt GNU/Linux
A Lot of Fake News About Microsoft Headcount (Also: Microsoft's Debt Rose by About 24 Billion Dollars in Past 12 Months)
If you see some headline about Microsoft's CEO making claims about hirings, look away
Techrights Turns 19 in Three Days
It would be nice to meet for a chat
Akira Urushibata on How Grokipedia Fails to Work
The Grokipedia article gives the wrong character for the "Ko" on "Koan"
Links 03/11/2025: Data Breaches, Wars, and Digital Censorship
Links for the day
Gemini Links 03/11/2025: Poetry, Old Androids and Small Shells
Links for the day
Links 03/11/2025: Internet Anniversary
Links for the day
Two Years of Uptime
Reboots are seldom involuntary
Richard Stallman is Giving Another Talk in Less Than a Fortnight
in two weeks' time (13 days from now)
Windows Falls Below 20% in the UK
Many people choose to leave Windows altogether
Microsoft's Search Business Falls to Lowest Point in 2 Years, Based on statCounter
what can Microsoft sell other than shares in Microsoft?
Evidence Regarding Layoffs at Red Hat
Seems like IBM layoffs
Microsoft: Our "Goodwill" Value Grew More Than Tenfold Since 2011
Hallmark of pseudo-economics
GNU/Linux as a Boarding Pass
being mostly analogue is still feasible
Links 03/11/2025: Lack of Trust in LLMs and Windows TCO at Jaguar
Links for the day
Gemini Links 03/11/2025: Books in October and Change
Links for the day
Mozilla Firefox Won't Survive and Many Sites Don't Work With It (Compatibility Abandoned)
The Web has become monocultural
Debian is Non-Free
Devuan might be worth looking into
Slopwatch: Brian Fagioli and LinuxSecurity
This is a real problem and most certainly a big problem because when people try to find real information about security and GNU/Linux they instead read "word salads" made by bots
Four Reasons to Party With Us in Four Days, Celebrating the Four Freedoms
Today we expect to be back to a more-or-less regular publication pace
Links 03/11/2025: The "Smartphone Panopticon" and Belarus' Hybrid Attacks on EU Intensify
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 02, 2025
IRC logs for Sunday, November 02, 2025
Microsoft's Debt Has Skyrocketed by More Than 15 Billion Dollars in 6 Months or 8.2 Billion Dollars in the Past 3 Months Alone
The corporate media intentionally disregards - or merely turns a blind eye to - such data
Rumour: IBM Layoffs in Canada Starting Tomorrow
"RA (IBM's term for layoffs) Coming to Canada this week (Nov 3rd)"
Debunking False/Misleading Statements Made or Told to the High Court
People who try to cheat the system by gaslighting judges will end up discrediting themselves
Fear, Uncertainty, Doubt (FUD) by LLM Slop
The Web has become such a sordid mess that this FUD made by bots is what Google News deems to be "the news"
This Month's Analytics Show Vista 11 Down, GNU/Linux Up
After pulling the plug on Vista 10 we see losses - not gains - for Vista 11
Almost Fully Caught Up
The EPO series will continue very soon, maybe tomorrow or on Tuesday
Links 02/11/2025: Another Halloween Bust and MAGA Regime Says Public Universities Should No Longer Hire 'Foreign' Employees
Links for the day
The Long-Coveted Milestone of 3,200 Active Gemini Capsules
Despite being away some days last week, about 50,000 Gemini requests were served each day, on average
Five More Days Till Techrights Party
We'll have many more batches of Daily Links as we catch up with a 'backlog' of news
Links 02/11/2025: More Nuclear Escalations and "Anti-Cybercrime Laws Are Being Weaponized to Repress Journalism"
Links for the day
Gemini Links 02/11/2025: "The Pragmatic Programmer", Perl New Features and Foostats
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 01, 2025
IRC logs for Saturday, November 01, 2025