Bonum Certa Men Certa

EPO Representatives Outline Latest Attacks on Staff

posted by Roy Schestowitz on May 18, 2024

New Ways of Working

A COUPLE of days ago the Central Staff Committee of the EPO published a 3-page document, which was further disseminated yesterday with the message: "Dear colleagues, The Office will present a New Ways of Working document to the Administrative Council in June. The administration invited the staff representation to discuss the topic in technical meetings. In a previous publication, the Central Staff Committee (CSC) already reported on the first and second technical meetings which took place on 10 and 18 April 2024. The third and fourth technical meetings took place on 24 and 30 April. In the Communiqué of 2 May 2024, the Office announced that the latter brought the row of technical meetings to a conclusion."

CSC members have long cautioned about this attack on the workers, mostly patent examiners. Here's their report as plain text, HTML, and GemText:

Zentraler Personalausschuss
Central Staff Committee
Le Comité Central du Personnel

Munich, 16.05.2024
sc24028cp

Report on the third and fourth technical meetings on New Ways of Working

The Office will present a New Ways of Working document to the Administrative Council in June. The administration invited the staff representation to discuss the topic in technical meetings. In a previous publication, the Central Staff Committee (CSC) already reported on the first and second technical meetings which took place on 10 and 18 April 2024. The third and fourth technical meetings took place on 24 and 30 April. In the Communiqué of 2 May 2024, the Office announced that the latter brought the row of technical meetings to a conclusion. This paper reports on the latest discussions.

Third technical meeting of 24 April 2024

The administration started the meeting by providing orally further data concerning the use of teleworking and on the benchmark with other International Organisations.

On the usage data

Usage data shows that:

− Non-nationals represent 75% of the EPO population

− Non-nationals represent 78% of the so-called hybrid working population

− 65% of non-nationals make use of teleworking from abroad (24.5 days on average)

− 25% of nationals make use of teleworking from abroad (18.9 days on average)

− A total of 55% of the EPO population make use of teleworking from abroad

− Nationals are more represented in the preferred teleworking personas

On the benchmark with the OECD

According to the administration, the OECD allows teleworking at the maximum frequency of 2 days per week (i.e. 3 days mandatory presence per week). There are two forms of teleworking, either regular or occasional. For each, the employee must sign a convention with the line manager. Teams have core days during which they must come to the premises. 80 days of teleworking from abroad are possible but with a very strict authorisation. The employee must sign a waiver that the organisation is not responsible for any fiscal or social security issue that may arise. Allowances are suspended for the period in excess of the regular 80 days of teleworking from abroad, the employee is considered liable for any risk of a fiscal or social contribution nature. Exceptions to go beyond the 80 days of teleworking from abroad were used by less than 1% of staff.

The meeting was then focused on the remaining points of the CSC letter of 5 April not yet addressed in the two previous meetings.


On virtual transfers and physical transfers

We pointed out that a number of colleagues for various reasons have requested a physical transfer since years. The administration replied that physical transfers were only foreseen for business reasons and for “hardship” cases. The administration considered that transfers being part of the Service Regulations, the policy on transfer could not be discussed in the context of the NWoW Circular. However, no date for a discussion on transfer policy could be provided by the administration We repeated our request that physical transfers should be granted again, not only, but definitely for colleagues who have accepted a virtual transfer to another site.

We noted that for colleagues virtually transferred to a team from another place of employment (POE), days spent on that POE, do not count for the quota of minimum presence as they are not covered by a duty travel. Such colleagues have to make use of their quota of teleworking from abroad. The administration admitted that the issue is known since a long time and recalled that the original plan of the pilot was to have a “one-Office concept”. They promised to report to senior management on the matter. The administration admitted that the duty travel policy would be reviewed and suggested to increase the number of times employees are allowed to travel to visit their colleagues.

On the right to disconnect

We argued that other International Organisations have added the right to disconnect in their regulations for the well-being of their staff. The administration replied that the EPO inter alia already suspended the core-time, maintained the accrual of flexi-hours and has the most “flexible” scheme among International Organisations.

We replied that the “right to disconnect” shall be seen as ability of people to disconnect from work and primarily not to engage in work-related electronic communications such as e-mails or messages during non-work hours. The flexibility of the scheme should not be misinterpreted as a flexibility at the disposal of the line managers. To the contrary, the Office has a duty of care towards the staff and should remind them of at least the minimum rest periods. As a concrete proposal, we suggested that the Working Hours arrangements are explicitly mentioned in the Circular on “New Ways of Working” in combination with a “right to disconnect”.

Follow-up on the points addressed in the previous meetings

The administration stated that they took note of our request for a pro-rata calculation of the quota of minimum presence taking into consideration all kinds of leave. They hinted at the possibility to base the quota on the number of so-called active days, and to hold a dedicated meeting on this point.

We emphasised again that feedback from colleagues showed that they were not aware of the possibility of exceptions to the quotas of minimum presence and teleworking from abroad. The term “exception” should therefore be added to the regulation. The administration replied that they dealt until now with exceptions representing at most only 1% of staff and saw no need to include a reference in the regulations. On the contrary, the administration believes that the addition of exceptions into the Circular would end up weakening it, and that unpaid leave, special leave, parental leave, or family leave should be taken instead. We replied that “exceptions” were mentioned around 200 times in the Codex without weakening it, and that since “exceptions” are under the discretion of the President, the Office would still have full control over them. We also stressed that by granting exceptions instead of asking staff to take leave, a significant increase of capacity would result and benefit the Office.

The administration said it had consulted PD 44 (General Administration) on the project “Bringing Teams Together” and re-confirmed that staff members intending to come to the office three days or more per week would be granted an “allocated workplace”. We pointed out that the Office should provide this policy in writing, for example, in an F.A.Q on the intranet. This would also prevent arbitrary decisions of managers not to assign any “allocated workplace” to any of their staff.


We requested again a limitation to the line manager’s discretion for granting teleworking (from abroad). The administration replied that the practice they observed did not require amending the rules. We insisted on the necessity of safeguards against the arbitrary revocation of working patterns of teleworking.

Fourth technical meeting of 30 April 2024

The meeting was dedicated to the Office’s proposal for a “New wording on minimum attendance days” on Article 4, Circular No. 419. The pro-rata calculation would be based on the number of active days in the sense of Article 4(2): each day an employee performs their duties, regardless of hours worked that day, and not any longer on the percentage of working time. It would, however, consider all types of leave, and not only part-time working arrangements.

Our first reaction was that we appreciated the willingness to consider all types of leave for the calculation, but pointed out that the new approach, based on active days thresholds, would lead to a reduced quota for some colleagues, whilst others (mainly colleagues working part-time) could see their quota increased. We reiterated our request for a true pro-rata approach. We explained that in order for staff to accept the new scheme, the circular would need to include improvements such as the ones we requested throughout the discussions.

What next?

At the end of the 4th meeting, we asked for an opportunity to be provided with the draft document for the new scheme to be able to discuss it within the working group before it was presented to the GCC for opinion.

The Central Staff Committee

Not much has happened recently in terms of industrial action, but that's for the staff to decide on. We shall try to accurately report on what goes on there while adding necessary context.

Other Recent Techrights' Posts

They Don't Tell Us that 'Digitalisation' (Now Sold as "Hey Hi") Just Means Customers Become Unpaid Staff and Are Made Accountable
People are being conditioned to associate technology with something undesirable, at times even unbearable
Amazon Web Services (AWS) Has Layoffs and Microsoft Gaming/Entertainment Division Has an Uncertain Future
it's good to see all those horrible things crashing and burning
 
Blue-Collar Trolls vs White-Collar Trolls
Examples of white-collar trolls
Apple Vision Pro Failed So Badly That Its Sales Are About 2,000 Times Smaller Than iPhone Sales
What's left for Apple to offer other than hype?
To Millions of People "Year of the Linux Desktop" Was Some Time in the 1990s (Bootable GNU/Linux as a Complete Operating System is Over 33 in Age)
In some sense, "year of the Linux desktop" was 33 years ago
Make No Assumptions (or Demands) About the Screen Resolution Used by Other People
There are usability aspects, aside from accessibility aspects
Why Wayland (and XWayland) Won't Solve the Key Problem It Proclaims to be Tackling (the Same Is True for Rust)
The problem isn't Wayland per se but the false promises and efforts to force everybody to move to it whilst insulting or demonising everyone who won't play along
Diplomatic Immunity Should Not Exist for Anybody
The EPO in its current form gradually 'normalises' the end of European democracy
Brett Wilson LLP Stopped Sending Me Papers When I Showed It had Sent Me Over 5 Kilograms of Legal Papers
A week ago we lodged our third lawsuit
Microsoft Mass Layoffs and Shutdowns Became the New Normal at Microsoft
Microsoft mass layoffs became a topic of everyday media coverage since May
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 21, 2025
IRC logs for Monday, July 21, 2025
FSF "Raised Almost $139,000 During This Summer Campaign"
"Thank you for making a stand against dystopia!"
Gemini Links 22/07/2025: VPS Exploited and Fear of View
Links for the day
LLM Bots vs Techrights
Slows things down a bit
New Publication Sheds Lights on Abuse of Workers at the European Patent Office (EPO)
Put in simple terms, they're killing the Office, harming remaining staff, try to hire rubber-stampers
Links 21/07/2025: Hardware, Health, and Imperialism
Links for the day
Gemini Links 21/07/2025: "When Buying Isn't Owning" and "CMS Special Edition"
Links for the day
Links 21/07/2025: Indie Web and Toxic Politics
Links for the day
[Meme] Microsoft Lawyers Throwing Stones in Glass Houses
threatened me with bankruptcy
Google "AI Overview" is Not AI and Not Overview
do not be misled; what Google does isn't smart, it's just ripping off the sites it already crawled for as long as 27 years
Making the Case to Dump Microsoft and GAFAM for National and Digital Sovereignty
"Sovereignty is difficult"
The Tactics of the Opposition (Microsoft Lunduke): Associate With K00ks, Throw in Vaccines to Muddy the Water
Who stands to gain from this?
Europe's Second-Largest Institution (EPO) and Largest Patent Monopoly Office Needs More Transparency, Not Less Transparency
In the EPO, what good are elections when one candidate literally bribes all the voters?
How Not to Report News About Microsoft
This pattern of misreporting is so widespread that it's hard to believe it's not intentional
Computer Science is Under Attack, They Want Everyone to be a Consumer
If people can no longer acquire Computer Science education and real Computer Science experience, they will not know how to control their own digital destiny or emancipate the very same universities that now control the syllabus and instead of teaching Computer Science encourage the outsourcing of systems
The Best Tools Are the Simplest Tools
There's a hidden message here about the merits of sticking with X
Ofcom Online Safety Group Speaks of Protecting Women Online, Will Brett Wilson LLP Ever Listen?
They've essentially became like the Taliban's "burka police"
Social Control Media Relies on Advertisers, So It'll Always Be Hostile Towards Free Software
Sales, sales, sales
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 20, 2025
IRC logs for Sunday, July 20, 2025
Fragmentation of Data
Life is too short to "hoard" data
In Defence of "Spinning Rust"
Just because something is "old" (or older) doesn't mean it ought to become extinct
Using Free Software to Prepare Legal Documents
LibreOffice is openly complaining about OOXML as an obstacle
Tech and Technology Are Not the Same Anymore
"Are you into tech, Sir?"
Our Articles About SLAPPs Receive Recognition and Interest
This week we shall continue writing about the 3 lawsuits we filed
Are You Served?
For many people, advocacy of Free software and GPL enforcement are assumed to be happening
Conspiracy or grooming? Alex Jurado, Voice of Reason compared to Outreachy
Reprinted with permission from Daniel Pocock
Links 20/07/2025: Security Breaches and Former 'Open' 'AI' Engineer on Hype and Culture Issues
Links for the day
Links 20/07/2025: Fending Off BRICS and US Government Attacks Its Own Media (Like China and Russia)
Links for the day
Framed by social control media: Alex Belfield, Voice of Reason
Reprinted with permission from Daniel Pocock
Gemini Links 20/07/2025: Summertime and OCC25 Wrap-up
Links for the day
Jamie Zawinski Complained About Wayland, Then Decided to Give It a Go, Now Complains Again About Wayland
Ask IBM (Red Hat) why it's worth throwing so much away just for Wayland fanaticism
Slopwatch: Planet Ubuntu, LinuxSecurity, and More
former "Linux" blogs which basically became slopfarms
Russia Set to Ban Facebook?
If WhatsApp is made to "leave", that means Facebook or "Meta".
Links 20/07/2025: More GAFAM Lawsuits, Layoffs, and SLAPPs
Links for the day
Taking Stock of a Good and Productive Week
We shall now be taking a break, unpacking the new hard drive (8 TB), and making backups of everything
Nice Recovery (From Actual Fire) by PCLinuxOS, New Version of PCLinuxOS Released, Now Top of DistoWatch
PCLinuxOS is a community-driven distro
More Microsoft Shutdowns That Mostly Slipped Under the Radar
Remember what happened to books 'sold' by Microsoft?
Microsoft Lunduke Still Fighting Cancel Culture With... Cancel Culture
There will be no "winners" in such 'debates'
The History of Daily Links and Politics
"I support Wayland, but I also support abortion..."
Ageism in Tech
Your protocol is "old"...
Microsoft is at 0% "Market Share" in Most Areas
Depending on the taxonomy chosen, there may be dozens of categories other than desktops and laptops
"The moment MSFT stock fails to start tumbling, that’s the beginning of another corporate giant going under."
There are far more layoffs at Microsoft than at Intel, but you would not get this impression based on Wall Street media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 19, 2025
IRC logs for Saturday, July 19, 2025