Bonum Certa Men Certa

As Work/EPO Invalidity Appeals Rejected, More Reasons Emerge to Worry About the Campinos Regime

Blog of Battistelli



Summary: Weeks after Campinos cuts off communication with the union he's reported to have successfully influenced a decision on European software patents and now he meddles in internal tribunals as well (to the detriment of vulnerable staff, as usual -- a Battistelli 'hobby')

The Central Staff Committee (CSC) of the EPO is looking after the health of the weakest or most vulnerable among EPO staff. This is what the union too has been doing, in turn rendering some of its leaders more vulnerable (subject or target of attacks from EPO management). SUEPO intends to fight on that front as well. Today we reproduce a document leaked to us by a recipient, as it clearly shows that Benoît Battistelli and António Campinos have become almost synonymous. Might as well call them Benoît Campinos and António Battistelli. Remember that the EPO has given many members of staff chronic health conditions; for starters, even though media never bothered covering this, 40% of EPO workers had Upper Limb Disorder (ULD) some years ago. It's difficult if not impossible (or incredibly painful) to work that way, and as workload increases so will that pain. Who cares about labour regulations, right? With a pandemic, anything goes. Any violation that is...



"Remember that the EPO has given many members of staff chronic health conditions"We've decided to reproduce the item below as-is, though it relates to a document published some months ago (EPO Staff Representatation commented on the Appeals Committee).

Zentraler Personalausschuss Central Staff Committee Le Comité Central du Personnel

Munich, 19.03.2021 sc21036cp 0.2.1/5.2

Internal appeals against the New Career System and the Abolition of the Invalidity Lump Sum



At the beginning of February, Mr Campinos issued his decisions on appeals against two majors reforms of his predecessor: the New Career System and the Abolition of the Invalidity Lump Sum. Mr Campinos ignored the solid minority opinion in the first case and even refused to follow the unanimous opinion in the second case. The colleagues affected will have to challenge the decisions before ILOAT.

New Career System



The 2015 new career system In 2015, the EPO introduced a new career system abolishing any seniority recognition, solely based on competition between staff and still unique among International Organisations. The change of working conditions was radical. Each year, around 40% of staff do not get any pensionable reward. Several hundreds of EPO staff filed appeals against the general decision CA/D 10/14, the implementing decisions transposing them into the new salary scale and the abolition of automatic step advancement.

The opinion of the Appeals Committee The Appeals Committee (ApC) in its enlarged composition considered in its majority opinion that some of the appeals were irreceivable and the others were unfounded. However, the majority did acknowledge that the Office, when implementing the reform, could have done “more considerate management” and “a better communication exercise”. Regrettably, the majority also considered that the President does not have the requisite legislative power to make promises to staff regarding their career progression as it is a decision which is within the remit of the Administrative Council, although the President has the power to decide discretionarily, year after year, on the career progression of each of “his” appointees.

Mr Campinos decision In his decision, Mr Campinos simply follows the majority opinion without commenting on it. One can therefore infer that Mr Campinos fully supports the view that any promise he makes is by definition non-binding on him and would actually be subject to a decision by the Council. This can therefore be taken to apply also to any promise Mr Campinos can make on the application of the positive outcome of appeals or judgments to all staff.




The ApC opinion came also with a strong minority opinion which Mr Campinos ignored in his decision. This attitude won’t improve the image of the Office before the Tribunal.

Next steps EPO staff will need to file individual complaints in order to safeguard their rights. The matter will then have to be dealt by the Tribunal with the clear evidence after several years that career perspectives were either slowed down or blocked for a majority of EPO staff.

Abolition of the Invalidity Lump Sum



The 2015 sick leave and invalidity reform The EPO regulations on sick leave and invalidity underwent radical changes in 2015. The changes described in CA/14/15 rev 1. and the Administrative Council decision CA/D 2/15 caused considerable unrest1 among staff. Prior to the reform, employment at the EPO included participation in a compulsory death and invalidity insurance scheme, for which premiums were paid from the salaries. This insurance scheme comprised a lump sum to be paid out in the event of invalidity. The lump sum served to cover loss of income due to invalidity. This was particularly important for staff with dependants. Under the new regulations, not only are the emoluments lowered, but also the lump sum was abolished altogether, without replacement or alternative. This put in difficult situation employees who are now much older and cannot hope to get a similar insurance on the private market at rates they can afford. Staff members may have paid 25 years or more for it, only to see it disappear at a time when they might need it.

The opinion of the Appeals Committee Five years later, the Appeals Committee (ApC) unanimously concluded that, by abolishing the permanent invalidity lump sum without adopting any transitional measures to allow for a smooth transition to the new system, the Office breached its duty of care. More specifically:

● the Office did not provide for a transitional period during which it would assist its employees wishing to contract a private insurance covering the risk of invalidity. ● the Office did not consider any transitional measures regarding the situation of employees who already suffered from an adverse transitional medical condition at the time of the reform and whose permanent invalidity would have been established shortly after the reform.

In the light of the above, the Appeals Committee recommended that the President avail himself of the power accorded to him by virtue of Article 75 of CA/D 2/15 and take appropriate transitional measures.

Mr Campinos decision In his decision, Mr Campinos by delegation of authority to Ms Simon (VP4), does not acknowledge the breach of duty of care and line up arguments demonstrating bad faith.

First, Mr Campinos pretends that “it is not practicable for the Office to identify which staff members would fall within the categories of staff to whom the ApC has indicated that transitional measures should apply”. However, the ApC opinion is clear: they should be applied to all staff who were hired by the EPO before 1 April 2015 and to all staff who had medical conditions making them invalid shortly after the reform.

____ 1 “Another severe attack on both dignity and fundamental rights of EPO staff” SUEPO paper (su15203cp) of 19.05.2015




Second, Mr Campinos argues that “it is not possible to obtain insurance with the same coverage as the former invalidity lump sum at a comparable cost. This issue is compounded by the passage of over 5 years (and changes of circumstances) between the abolishment of the invalidity lump sum and the present date”. Mr Campinos neither mentions nor substantiates the changes in circumstances. The time elapsed since the filing of the appeals is by far the most disingenuous argument. The Office bears the responsibility for the backlog of the ApC due to its wrong composition, which the Tribunal ruled on in Judgments 3694 and 3785. Furthermore, in the present case, the Employment Law Department of the Office took two years to send its position to the ApC and Mr Campinos took nine2 months to consider the ApC opinion and make a decision. Mr Campinos is actually making staff pay for the delay caused only by the Office itself.

Next steps Once again, this decision forces individual staff members to challenge the case before the Tribunal, including those suffering from progressive degenerative diseases that will undoubtedly render them invalid. Such staff members are often not fit enough to defend themselves and therefore need help. Such need for action and the Office’s breach of duty of care is difficult to reconcile with the Office claiming that we are “Strong Together”. In recent meetings, Mr Campinos said that he would be ready to provide help to staff members in case of hardship. But EPO staff do not need or want charity. EPO staff needs clarity and legitimately expects the Office to stick to its rules and acknowledge its mistakes.

Conclusion

The days when Mr Campinos preferred to reduce litigation through settlement discussions seem now to be over. By selectively following ApC opinions to confirm two major negative reforms against EPO staff, Mr Campinos reveals one facet of his mandate: to protect and pursue the political legacy of his predecessor.

The Central Staff Committee

____ 2 Two months should normally have been the limit.


Any further commentary would likely just detract. Readers can conclude (for themselves) how bad things have become at the EPO. Nothing has truly improved since 2018. The media has gotten a lot quieter, but that hardly helps anybody.

Recent Techrights' Posts

At the Root of the SLAPPs There Are Matters of GitHub Corruption and Microsoft Competition Crimes
Keep both eyes on the ball; this is about monopoly abuse and attempts to muzzle critics
Open Source Initiative (OSI) Privacy Fiasco in Detail: More on the Complaint, Which Also Points the Finger at Stefano Mafulli and Deb Nicholson
Focus on what they are attempting to distract from
"Linux" Foundation, Besieged by Microsoft, Isn't About Science But Against Science and Against Facts
(and for Microsoft Dogma, Microsoft Domination, Microsoft Money)
IBM Pays IDG's IDC to Market Proprietary Red Hat Enterprise Linux (RHEL) Under the Guise of "Research"
Proprietary RHEL promoted by FUD (Fear, Uncertainty, Doubt or just plain fear-mongering)
Gemini Links 10/04/2025: "Secret of Happiness" and Overthinking POSSE
Links for the day
 
Gemini Links 11/04/2025: Microcosmographia Academica and Ada Language
Links for the day
Links 11/04/2025: "Getting Screamed At" and LLM Crawlers as Vandals Online
Links for the day
Links 11/04/2025: Microsoft Mass Layoffs Again, Zelensky Doubles Down on Claim That Many Chinese Are Fighting for Russia
Links for the day
Slopwatch: A Sea of LLM Slop About SparkyLinux, Kubernetes, Ubuntu, and Linux Kernel
Welcome to the future? The future of the Web?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 10, 2025
IRC logs for Thursday, April 10, 2025
Links 10/04/2025: NNCPNET Email Network, RSS Readers, and IRS as 'Immigration Enforcer'
Links for the day
IBM Layoffs in Markham (Canada) Apparently Still Happening
"Still going on... Got laid off today. TEL Canada, Band 9, 19 years with IBM."
Links 10/04/2025: Fentanylware (TikTok) Perils and Internet Shutdown
Links for the day
Microsoft's "Linux" Foundation Pays Writers to Publish Propaganda and Then LLM Slop Sites (Slopfarms) Repeat the Propaganda, Using Microsoft LLMs
consider the latest LLM slop
Once You Slop You Can't Stop and If You're a Serial Slopper Nobody Will Believe You Really Wrote an Article (Even If You Did)
It's a lot like, "if you're a serial liar people won't believe you even when you say some truth" (or "once a cheater, always a cheater")
Pressing Against SLAPPs (From Americans Who Strangle Women While Microsoft Pays Their Salaries) is a High Priority for Us
We also need to ensure that greedy firms/people that facilitate the SLAPPs get "disbarred" or "struck off"
Mozilla Firefox Already Down to 1% in Brazil
Don't people crave the surveillance and the slop?
Links 10/04/2025: Hardware, Politics, and Internet
Links for the day
Gemini Links 10/04/2025: Creativity and Agitation, Life in the USA, CSS Naked Day 2025
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 09, 2025
IRC logs for Wednesday, April 09, 2025
Alleged Layoffs at IBM Consulting in Australia
IBM loses many government contracts these days
The Rumours Were Likely True: Sixth Wave of Microsoft Mass Layoffs in 2025 (Days After "50" Anniversary and About 5,000 Layoffs)
5 hours ago, by Ashley Stewart
Malware in Proprietary Software - Latest Additions
Original by Free Software Foundation, Inc.
Links 09/04/2025: More Trade Wars and Wars, Chinese Army Troops Found Fighting in Ukraine
Links for the day
Linux Clickbait by Slop
Give it up for Brian Fagioli, the Serial Slopper
IBM and MCC: Layoffs Coming Again to Metro Connect Company Limited (MCC) as Tariffs Bite and IBM's Shares Fall
Blacklists applicable to Chinese suppliers also mean that IBM can no longer cooperate with key partners in Asia
Microsoft's Entire Premise for Its Future Existence Goes Up in Flames
32 minutes ago
GNU/Linux on a High in Colombia
Stereotypes much?
Go Static
Please don't Go(lang) or JavaScript or PHP or...
Techrights Be Like...
K.I.S.S.
Gemini Links 09/04/2025: Autism, Cybersecurity, and LLMs Attacking Services Online
Links for the day
GNU/Linux Would be Measured at Over 5% Globally (by statCounter) Had the Data in India Not Been Changed
GNU/Linux grew a lot in many countries and has expanded since then
Keeping Track of Microsoft Layoffs in 2025
So here's a quick roundup of 2025
The Sixth Anniversary of the Lightweight Alternative to the Web (Gemini Protocol)
Now 11 short of 3,000 active capsules. 65 short of 4,500 total.
Links 09/04/2025: Quartz Fires All Writers (Shutdown, LLM Slop or Slopfarm Instead), "Bitcoin Is Crashing Hard"
Links for the day
People Are Sick of LLM Slop. Offer Them Alternatives.
We never used LLM slop for anything and we never will
Web Surveyor statCounter Sees Apple's macOS Falling From 5.6% to 3.6% in Two Months, It Might Soon be Smaller Than GNU/Linux
Apple's "value" (faked, exaggerated) is back to "pandemic times"
UK House of Lords Recognises the SLAPP Issue in the UK and EFF Pursues "Bill (That) Could Put A Stop To Censorship By Lawsuit" in the US
"A House of Lords inquiry into how the news industry can survive into the future has accused the government of “failing to prioritise” action on strategic lawsuits against public participation (SLAPPs)."
Open Source Initiative (OSI) Privacy Fiasco in Detail: Seeking Class Action Against the OSI
"LETTER SEEKING CLASS ACTION REPRESENTATION"
The Value of Slop, by Alexandre Oliva
Original by Alexandre Oliva
Gemini Links 09/04/2025: Neocities, Tinylogs, and Inter-community Protocols
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 08, 2025
IRC logs for Tuesday, April 08, 2025
You Can Be an A--hole to Women (Even Strangle Women) as Long as You Work for Microsoft
Recalling the Mark Shuttleworth origin story
Canonical is a Proprietary Software Reseller With a 'Debian Base'
"Canonical Ubuntu" is just Debian with some proprietary things sold on top of it