Bonum Certa Men Certa

The International Labour Organisation Highlights Problems of Broader Dimensions at EPO

EPO complaints of unprecedented proportions

International Labour Organisation on EPO



Summary: The International Labour Organisation (ILO) is raising serious concerns about the situation at the EPO, where labour or workers' rights are being gradually abolished and the number of complaints has gone through the roof

"The International Labour Organisation in Geneva," told us a source, "considers that "a governance problem of broader dimensions" exists at the EPO." We have looked at the report, which we decided to host locally in case it becomes unavailable [PDF]. Our readers are probably well aware of the many abuses at the EPO, but this report look at a particular type of abuse and singles out EPO as an exceptional case study. As our source succinctly put it:

In a recent report, the International Labour Organisation in Geneva considers that the EPO suffers from "a governance problem of broader dimensions" and expresses concern that the number of staff complaints being filed by EPO staff with the Administrative Tribunal of the ILO "represent a challenge to its effective functioning".

"It is the number of complaints filed against a single organization, the EPO, rather than the rise in the overall number of organizations having accepted its jurisdiction, that represents the main challenge for its effective functioning. The Tribunal further considers that all its efforts are being compromised by the continuing increasing trend of EPO-generated cases and also indicates that the complexity of the problem may require the attention of the Governing Body."

The Governing Body plans to request the Director-General of the ILO "to initiate without delay discussions with the European Patent Organization (EPO), in consultation with the Tribunal as required, in order to identify a solution to the difficulties caused by the number of complaints generated within the EPO and which threaten the ability of the Tribunal to serve all other member organizations, and to report to the Governing Body at its next session".


Paging through the report, the EPO isn't mentioned until page 4, but in page 4 the report focuses on the EPO and singles it out. About a quarter of this whole report is a polite rant about the EPO. To quote:

3. The European Patent Organization (EPO) – A case apart

10. The largest member organization, employing approximately 8,800 staff, accepted the Tribunal’s jurisdiction in 1978. The EPO’s membership has always been marked by significant level of litigation. EPO-related complaints have generated, on average, 21 judgments per year, the lowest number being ten judgments in 1998 and the highest being 69 judgments in 2015. In its 37 years of Tribunal membership, the EPO has been concerned by 761 judgments out of a total of 3,560 judgments delivered by the Tribunal since its creation. By way of comparison, the Tribunal’s second oldest member organization – the World Health Organization – with similar staff numbers has been concerned by 447 judgments in 66 years of membership, that is an average of seven judgments per year (see the table below). In the last five years, whereas the EPO’s staff represents less than 16 per cent of all officials covered by the Tribunal’s jurisdiction, the number of cases filed annually against the EPO represented on average more than 30 per cent of all the cases received by the Tribunal, with peaks above 40 per cent of the overall annual Tribunal workload. This persisting pattern stretches the Tribunal’s resources and inevitably impacts on the processing time of complaints, including those filed against all other international organizations that have recognized its jurisdiction.

11. Despite the written exchanges between the ILO Director-General and the President of the EPO on this matter, and the measures taken internally by the EPO in recent years with a view to improve its internal remedies and reduce litigation, no progress has been registered so far to contain the number of labour disputes which give rise to cases referred to the Tribunal. In this regard, it should be noted that out of the 193 cases filed with the Tribunal from 1 January to 18 September 2015, 112 (or 56 per cent) originated from EPO officials, while the remaining 81 complaints were filed by officials of 23 different international organizations. In addition, following important reforms introduced in the EPO in the past two years, the number of internal individual grievances has grown exponentially, a situation that may reasonably be expected to give rise to an even larger number of EPO-related complaints with the Tribunal in the very near future.

International Labour Organisation rulings



4. Causes of increased caseload – The views of stakeholders

12. In order to present a balanced overview of the underlying reasons for the increase in the Tribunal’s caseload, the Office undertook broad consultations with the principal stakeholders, including the judges of the Tribunal as well as the administration and staff representatives of organizations having accepted the Tribunal’s jurisdiction.

4.1. The Tribunal’s assessment

13. According to the written reply provided by the Tribunal, the increase in the number of organizations is not a problem in itself as statistical data show that the organizations which recognized the Tribunal’s competence in the last ten years did not significantly increase the Tribunal’s workload4. It is the number of complaints filed against a single organization, the EPO, rather than the rise in the overall number of organizations having accepted its jurisdiction, that represents the main challenge for its effective functioning. The Tribunal further considers that all its efforts are being compromised by the continuing increasing trend of EPO-generated cases and also indicates that the complexity of the problem may require the attention of the Governing Body.

14. The Tribunal has made it clear that it has reached its limits in terms of output and that it could not be expected to increase it any further without compromising the quality of its services. This is probably also connected with the fact that the judges do no work for the Tribunal on a full-time basis, but usually sit only twice a year for three to four weeks each time, and that some of them have extremely busy schedules as they are still serving in the supreme courts of their respective countries.

15. The Tribunal also drew attention to the fact that administrative tribunals of much narrower coverage – geographical or other – have gradually come into existence which raises legitimate questions as to whether it can still be considered to be the “natural judge” to hear complaints against organizations operating, for instance, within the administrative framework of the Council of Europe or the European Union. While there is nothing in the Tribunal’s Statute to restrict admission on the basis of an organization’s coverage, it should be remembered that the original intention was to open up the Tribunal’s jurisdiction to truly global organizations which would be otherwise deprived from access to any international administrative jurisdiction.

16. Finally, the great diversity of staff rules of organizations under the Tribunal’s jurisdiction, the lack of internal means of redress in some organizations, the frequent challenges to normative acts of general application, especially by staff representatives, and the lack of employment stability of the Registry staff, were also identified as additional factors contributing to the Tribunal’s increasing caseload.

4.2. The views of member organizations

17. Based on written replies provided by seven organizations and the views expressed by representatives of 29 organizations during a one-day consultation meeting, it is generally recognized that the admission of small international organizations in recent years is neither at the origin of the rising backlog of the Tribunal nor likely to impact on the Tribunal’s caseload in any significant manner in the near future. However, the resulting diversity of legal frameworks governing employment relations of staff under the Tribunal’s jurisdiction may occasionally generate delays.

18. Member organizations expressed serious concern about the volume of complaints against the EPO, and most importantly about the fact that problems around the “litigation culture” and social dialogue in that organization are not conjunctural but are most likely to persist unabated for many years. The general sense is that, based on available information, the current situation is not sustainable and that measures such as the increase of the number of judges or the number of sessions will not have a lasting effect on, much less resolve, the current flow of complaints filed by EPO officials. While noting the explanations of EPO administration officials about their genuine efforts to improve the situation, member organizations agreed that this was a governance problem of broader dimensions which called for urgent action in the interest of preserving the Tribunal’s operation.

______ 4 According to these data, 15 organizations have recognized the competence of the Tribunal since 2005 and have generated 65 complaints out of a total of 1,863 complaints; among those organizations, six have not so far been the object of any complaint, four organizations have each generated one complaint, and one organization has been the object of two.


Put briefly and in very simple terms, the International Labour Organisation recognises that there is something uniquely rogue in the EPO that causes a massive number of complaints to come from workers. There are so many complaints in fact that the International Labour Organisation finds itself drowning in them. The real issue here seems to be the EPO's governance (or administration, or management). They make recommendations accordingly.

Skipping quickly to page 7, the EPO is revisited as follows:

Part II. Analysis of the situation and possible way forward

1. Principal findings and proposed course of action

24. On the basis of the information presented in Part I above, and following the broad consultations undertaken by the Office of the Legal Adviser over the past three months, three main conclusions seem to emerge: firstly, it is difficult to see how the Tribunal could continue under its current configuration and arrangements to cope with both its accumulated backlog and increasing workload. Secondly, the recognition of the Tribunal’s jurisdiction by new international organizations does not affect in any significant manner the capacity of the Tribunal even though the diversity of legal rules and regulations may at times prove challenging. Thirdly, the introduction of further changes to those undertaken by the Tribunal to increase its capacity to deal effectively with the workload may well result in efficiency gains in specific areas of the Tribunal’s functioning but will not be sufficient for the Tribunal to cope with the growing volume of complaints filed against one single organization (the EPO).

25. Faced with such reality, the Office could explore three strands of action in order to find long-lasting solutions to address the current situation. Firstly, an urgent, practicable and time-bound solution needs to be found regarding the facilitation of the speedy adjudication of all EPO complaints in a manner that permits the Tribunal to fulfil its mandate and effectively serve all other organizations, which have recognized its jurisdiction.


The following part ensures that thugs who have run the EPO won't have a pleasant weekend. They should expect the Tribunal to apply pressure:

Draft decision

33. The Governing Body requests the Director-General:

(a) to initiate without delay discussions with the European Patent Organization (EPO), in consultation with the Tribunal as required, in order to identify a solution to the difficulties caused by the number of complaints generated within the EPO and which threaten the ability of the Tribunal to serve all other member organizations, and to report to the Governing Body at its next session;


It sure looks like the management of the EPO stepped in a scandal of its own making. It will be interesting to see what develops of this in the coming weeks, months, or even a year (justice is notoriously slow at these high levels).

Recent Techrights' Posts

Corruption is a Reality, It's Not a Dirty or a Strong Word
Corruption is a topic some newspapers shy away from
Rosanna Yuen & GNOME community triple tricked
Reprinted with permission from Daniel Pocock
IBM Layoffs Not Done, Terminations of Staff in India, Brazil, and Mexico Reported
This hopefully answers questions such as, "do the layoffs only impact US and Canada?"
 
Our Site Search Increases Our Editorial and Informational Independence
Implementing our search facility is a long-term investment
Advocates of GNU/Linux and the Uphill Battles Behind Us
GNU/Linux felt like "activism" 20 years ago. Now it's mainstream.
Cybersecurity Means Real Security, Not Back Doors
Standing our ground on technology and cybersecurity is an uncompromisable stance
Links 08/11/2025: Disinformation Crisis, Denmark Recognises Threats Associated With Social Control Media
Links for the day
The Free Software Foundation (FSF) is Besieged for the Times It Does the Right Things
As that upsets rich people's interests (and they were, at times, sponsors)
Links 08/11/2025: Technical and Financial GAFAM Woes and Arrests of Journalists by Despots
Links for the day
Like SUSE, IBM Red Hat Seems to be Using LLM Slop to Write Fake (Bot-Generated) Blog Posts
IBM Red Hat keeps promoting slop
How German Media Covered Cocainegate at The European Patent Office (EPO)
At some point we'll ask that same press to revisit the issue and this time comment on the EPO connection
Our Launch of Techrights Search Has Been Successful (So Far)
There are about 50,000 articles indexed there, going 19+ years back
Daniel Pocock Explains Social Engineering in Debian and Other Communities Increasingly Controlled by "Barons"
Communities are not corporations
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 07, 2025
IRC logs for Friday, November 07, 2025
Adrian & Diana von Bidder-Senn, Debian: detailed history of a death
Reprinted with permission from Daniel Pocock
Crypto AG tricked ETH Zurich student internship
Reprinted with permission from Daniel Pocock
An Old Story of Fraud at the EPO in the Netherlands (and How the Dutch Government Facilitated It)
We've already mentioned several other scandals where the the Dutch government engaged in fraud and passive corruption
Voicing Concerns About European Patent Office (EPO) in Rijswijk
The report is dated yesterday
Gemini Links 08/11/2025: KeePassRX and Pluribus
Links for the day
Slopwatch: Brian Fagioli Targets "Linux" With LLMs, Google News Helps Blame "Linux" for Amazon WorkSpaces Flaws
Tonight's slopfest
Gemini Links 07/11/2025: Switzerland, k3s, and Privacy
Links for the day
Links 07/11/2025: Software Patents Squashed, Stock Markets Wobble Over Slop Uncertainties
Links for the day
A 19th Anniversary and High-Impact Exclusives
The end of 2025 will be very difficult for EPO management
The Register MS, Payroll First
GNU/Linux is a growing platform
Links 07/11/2025: US Government Shutdown Imperils Critical Functions, Slop in "AI" Clothing Debunked Some More, Bubble's Implosion Ongoing/Imminent According to Experts
Links for the day
Gemini Links 07/11/2025: No Goodbyes, Homelab, Mouse Keys / Pointer Keys
Links for the day
12 Years for Justice is Far Too Slow (and More People, Especially Women, Are Hurt)
Why do police departments and legal systems fail to protect women?
Before Freenode Collapsed Its Staff (the People Who Now Run Libera.Chat) Were Censoring/Silencing Some Free Software Supporters
We still have this issue in the Free software community
Freenode and irc.com Are Still Around
It emulates retro terminals
We Don't Compete, We Analyse and Report
Principles are so much better than money and they're something money can never acquire
Red Hat is Also Laying Off Staff in India
Red Hat is a dishonest company
All We Want to See is Any Form of Accountability in Europe's Largest Institutions
Because people at the top of institutions should never be above the law!
Finding Recent Talks of Richard Stallman
We already have many pages, documents, and media files. Organising them and helping people find them is the next Big Task.
Richard Stallman First Speaker at Ethereum Cypherpunk Congress the Weekend After This Coming Weekend
He'll be speaking over the Net
Diversity at Red Hat
Remember to judge corporations by their actions, not some Web pages with words in them
First the Python Software Foundation (PSF) Attacked Its Most Productive Volunteers. Now It Attacks Its Funding Sources.
The U.S. National Science Foundation (NSF) rejected by PSF
News of Substance About the EPO's Substance Abuse (Cocaine)
EPO Cocaine Chronicles - link to archived BILD article and photos
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 06, 2025
IRC logs for Thursday, November 06, 2025
On Midlife Crises
Focus on the sabotage, not politics
Hallmark of Fake News: "Single-digit" (Percentage) and 1% Isn't the Same Thing
apparently "rebalancing" is the new layoffs euphemism
Links 07/11/2025: Patent Trolls Target Germany, Celebrities Visit Ukraine
Links for the day
Misinformation/Disinformation Disguised as Information About GNU General Public Licenses (GNU GPL) Usage
GPL-type licences (reciprocal obligations) remain dominant
Slopwatch: LinuxSecurity, Brian Fagioli, and Google News Boosting WebProNews (All Slopfarms)
Those slopfarms just saturate the Web with misinformation and mindless chaff
Techrights and Tux Machines at Over 40
19 years of Techrights and 21+ years of Tux Machines
IBM Mass Layoffs This Week Not Limited to North America, Red Hat Staff Terminated
Do not relocate for a company that sees you as nothing but a number or a "human resource"
Coming Soon: More Proof of Cocaine Use at Europe's Second-Largest Institution
Stay tuned
Entering Our 20th Year
...and still looking for answers
Mailing lists vs Discourse forums: open source communities or commodities?
Reprinted with permission from Daniel Pocock
Links 06/11/2025: "Component Abuse Challenge", Google Play Store Deemed Too Monopolistic
Links for the day
Microsoft and Microsoft GitHub (and Rust @ Microsoft GitHub) the Future of Ubuntu, They Want the Same for Debian
Ubuntu is not the place to find freedom
Richard Stallman Was Right About LLM-based Chatbots
the passing fad, LLM-based chatbots
IBM Has Not Been Good for IBM's Red Hat (Which Microsoft Also Attempted to Buy)
GAFAM or GIAFAM are not a force for good
Taking Back Control Over Technology We Purchase (Study, Modify, Enhance, and More)
"The war on general-purpose computing continues
Links 06/11/2025: EFF Wants New Executive Director, Microsoft's Azure Falls Over Again
Links for the day
All Set for Tomorrow
Techrights waves
The Corporate Media Carries on With Patently Phony and Misleading Narrative About IBM's Mass Layoffs
Instead of rightly alleging business failure or commercial (leadership's) weakness it is offloading blame to some mindless buzzwords
IBM Isn't Hiring Based on Age Groups. It Still Hires Based on Salary Expectations.
It is not about the skills available, it's about the expected cost of labour
Estimating the Scale of IBM's Mass Layoffs This Week
there is no denying that the IBM layoffs are vast
Telling Our Story as Victims of Online Abuse
This post will not mention any names
Claim That EPO Quotas Brought Corruption and Mischief to Europe's Second-Largest Institution
Nowadays corruption is the norm at the EPO and there is even rampant substance abuse among the people who run the Office
Rust's "Memory Safety" Talking Point Ought to be Discarded in Light of Fil-C
new memory-safe C/C++ compiler
Claim That IBM Has Another 8 Days to Lay Off 'Expensive' Staff
The consensus in comments we see is, IBM is a terrible place to work in, treatment of its workers is appalling, it's utterly foolish to relocate in an effort to retain a job at IBM, and it's foolish to join the company in the first place
Science Demands Facts, Not Dogma
Saying that restricted hardware is not secure hardware should be common sense
Site Anniversary is Tomorrow
The celebrations might delay our EPO series somewhat
Launching Techrights Search
New search interface and locally hosted back end
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 05, 2025
IRC logs for Wednesday, November 05, 2025