Bonum Certa Men Certa

Over 1,000 EPO Workers Initiate Legal Challenge Against the EPO's Attack on Salaries (in Defiance of Assurances Made to Workers Who Relocate to Another Country With Whole Families)

EPO open letter



Summary: The EPO's attack on workers and pensioners isn't going ahead without challenge; while the "Mafia" (what EPO workers call the management) loots the organisation it takes away money from the workers -- i.e. from besieged folks who do all the work and face growing workloads during a pandemic

THE Salary Adjustment Procedure (SAP) is a misnomer or a euphemism for crackdown on patent examiners past and present. The crackdown started with Benoît Battistelli, who in effect began looting the institution. Systematically, undeterred. Nobody holds them accountable for it!



50 Euro"It is hardly surprising that many colleagues and pensioners (at least 1.200 requesters) are now taking legal action against the new Salary Adjustment Procedure," the Central Staff Committee (CSC) of the EPO wrote this month. "We understand from a President’s [António Campinos] letter of 25 March that he intends to reject the requests for review and he is already planning the next step of requesting a test-case procedure at the internal Appeals Committee. In this reply to his letter, we explain why we are currently reluctant to recommend to staff to identify test appellants. However, we are interested in contributing to the proper administration of justice. We would therefore be willing to support a bona fide proposal to the AC leading to a decision that the result of the litigation on the salary adjustment procedure will be applied to all employees and former employees of the EPO as well as their successors in title."

We're reproducing the full letter below:

European Patent Office | 80298 MUNICH | GERMANY

Mr António Campinos President of the EPO

ISAR – Room 1081

OPEN LETTER

Reference: sc21044cl Date: 01.04.2020

Your letter of 25 March 2021 – Legal proceedings on the Salary Adjustment Procedure

Dear Mr Campinos,

The Central Staff Committee (CSC) regrets that you submitted a proposal for a new salary adjustment procedure (CA/19/20) to the Administrative Council (AC) that had not found the consent of the CSC. Although a manageable number of test appellants lodged requests for reviews inter alia against the flawed consultation process on your proposal and against the resulting freeze of salaries and pensions in the second half of 2020, you still decided to submit an adjustment with effect from 1 January 2021 of salaries (CA/66/20) to the AC.

The resulting salaries and pensions are in breach of basic legal principles, such as equal treatment at different places of employment. It is easy to understand1 that the current salary scales do not reflect the coefficients of purchasing power parity in Table 6 attached to the AC decision CA/D 9/20. Furthermore, pensioners are excluded from a periodical settlement and a pay-out of a lump sum after a three-year period, in contradiction to Article 33(2)(c) EPC.

It should therefore not be surprising that many colleagues and pensioners are now taking legal action. The CSC understands from your letter that you intend to reject the requests for review and are already planning the next step of requesting a test-case procedure at the internal Appeals Committee.

The CSC has been open ever since for an agreement on its locus standi so as to

______ 1 Employees looking up their basic salary in the table for Belgium (Table 1 attached to CA/D 9/20) and multiplying this value with the coefficient of purchasing power parity for their place of employment (Table 5) will observe a higher salary than on their salary slip (or in Tables 2 to 4).




have an efficient and functioning system for the settlement of disputes. Therefore, overloading the system should definitely be avoided.

You mention in your letter that the Office is willing to apply the final outcome of the legal proceedings regarding the new salary adjustment procedure “to all staff provided they are in the same situation, in fact and law”. The CSC regrets that the wording is even more restrictive than Article 13 of the Rules of the Administrative Tribunal of the ILO allowing an intervention in a complaint if a requestor is “in a situation in fact and in law similar to that of the complainant”. (Emphasis was added to both quotes.) Furthermore, the CSC took note that you recently followed in your negative decision on the NCS for colleagues in the A4(2) grade an opinion of the Appeals Committee reading inter alia that “statements of the President ... were not, however, considered to constitute an enforceable and substantive promise made”.

Finally, the CSC cannot see a category of employees or pensioners to whom the final outcome of the legal proceedings would not apply.

In view of the above, the CSC is currently reluctant to recommend to staff to identify test appellants. However, the CSC is interested in contributing to the good administration of justice. The CSC would therefore be willing to support a bona fide proposal to the AC leading to a decision that the result of the litigation on the salary adjustment procedure will be applied to all employees and former employees of the EPO as well as their successors in title.

The CSC would further appreciate if you could exempt the staff from the obligation to exhaust the internal means of appeal by authorising them to challenge a decision directly before the Administrative Tribunal of the ILO2.

Yours sincerely,

Alain Dumont Chairman of the Central Staff Committee

______ 2 Such an approach permitted a swift access to court for the employees of the ILO, IOM, ITU, WHO and WIPO, who successfully challenged the adjustment of their salaries in 2018 and who received the Judgments Nos. 4134–4138 already one year later.


Whether speaking rationally to a kakistocracy that shamlessly lies to everyone is going to yield any results... well, that remains to be seen. But at least they make their case clear.

Recent Techrights' Posts

This Saturday It's Gonna be 3.5 Years* Since Russia Invaded Ukraine. No Microsoft Protests Against Microsoft Having Provided Russia With Services.
Companies do not have consistent policies and enforcement of "corporate values" is somewhat of an egg salad
Slopwatch: Sites Gone Rogue, Google Promoting Lies, and DDoS Attacks by Plagiarism Giants
Charlatans and frauds engage in a war against artistic industries, mislabeling plagiarism as "AI"
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 22, 2025
IRC logs for Friday, August 22, 2025
Microsoft Has Issues in Guyana
It's not just Guyana
About 25% of the "Linux" News/Results in Google News Today Are LLM Slop, Almost 20% From the Same Rogue Operators of Slopfarms
Google, which tries to market itself as an LLM giant, apparently fails to understand what's wrong with it
Harassing People on Holiday
There are "no-go areas"; but that assumes all laws firms have ethical standards
The Great, Undeniable Value of Paper Trail, Not Purely Digital Systems
Suppose you have nothing but bits on someone else's computer and "word of mouth"...
The Company Behind Ars Technica, Reddit and Wired Caught Publishing LLM Slop (It Also Admits It Now)
Condé Nast busted
Links 22/08/2025: Lagrange 1.18.8, Wired Magazine and Business Insider Caught Resorting to LLM Slop
Links for the day
Links 22/08/2025: Cisco Layoffs, LA Times Says "AI Hype is Fading Fast"
Links for the day
Gemini Links 22/08/2025: K for Kentucky and Caddy Versus LLM Slopbots
Links for the day
The "End Software Patents" Initiative of the FSF Explains "WHY [to] ABOLISH SOFTWARE PATENTS"
We hope to cover patent-related issues more and more as the big anniversary of the FSF approaches
Freenode Sniffing
The grown-ups left the building
The Only Thing Worse Than Misinformation is Misinformation Sold to Everyone as "Intelligence"
Misplaced trust is worse than none at all
The Register MS Now Openly Admits LLM Hype Does Damage, But It's Also Being Paid to Participate in the LLM Hype (With Paid 'Articles' and 'Webcasts' for Paying Advertisers)
The Register MS gets paid to do this
End of the Smartphone Era? No.
Maybe the media should focus on producing accurate, factual news
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 21, 2025
IRC logs for Thursday, August 21, 2025
Enshittification of Airports, Airlines, and Airplanes
If people are willing to tolerate standard declines and enshittification (nowadays sold as "pivot to AI" or "replaced by AI" or "AI layoffs") they will pay for it some other way
Latest Is Not Greatest: The Case of "Foldable" Tech
don't be shamed into abandoning old things just because the "fashion industry" of Apple and Samsung tells you to
Airlines and Their Tricks That Only Work in the 'Digital Age'
People sceptical of the direction technology has taken are not "Luddites"
Open Source Initiative (OSI), Which Became a Propaganda Front of Microsoft and "Hey Hi" (Hype, Misnomer), Wants You to Forget These Scandals
A lot of these issues won't be set aside until there's a resolution
The Culture of Overnight Coding
An industry-wise push-back is needed
Windows Down to New Lows in Guinea Bissau and Many Countries Around It
If Android is accounted for, Windows is down to about 10%
Gemini Links 21/08/2025: Modern Dating, Debian 13, and Apache
Links for the day
Microsoft Has Had About 10 Waves of Mass Layoffs So Far This Year (Not Two as Mainstream Media and Slopfarms Endlessly Claim)
Notice how the MSM (Mainstream Media) never mentions the debt of Microsoft. It is a conscious, deliberate decision.
Links 21/08/2025: Covid Cases on the Rise, "Social Media Trolls", Russia's Attacks Intensify
Links for the day
Gemini Links 21/08/2025: The Attraction of Back Alleys, Initramfs, and BSD ISPs
Links for the day
Links 21/08/2025: Stephanie Shirley Dies and "Groklaw Domain Hijacked?"
Links for the day
Search in 2025 (Age of DDoS Attacks Under the Guise of "AI" "Innovation")
One common concern when things go "live" is that any random bot out there can execute queries, pumping up RAM and CPU usage, as happened when we used MediaWiki and WordPress
Using Slop for Images Does Not Make Your Site Look Advanced or Witty, It Just Makes Your Whole Work Look Like Presumed Plagiarism
Lazy slobs and Serial Sloppers use the guise/excuse of "AI" to plagiarise and spam the Web
Financing of the "Hey Hi" (AI) Bubble by Those Who Profit From Planetary Destruction (Global Warming)
It's about personal gain, too
Richard Stallman Will Speak in Ethereum Cypherpunk Congress
it's good to see that the FSF pays considerable respect to it founder, who is moreover invited to speak at events
(At Least) Second Wave of Mass Layoffs in Microsoft This Month
This is not the first time this month that Microsoft has mass layoffs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 20, 2025
IRC logs for Wednesday, August 20, 2025