Bonum Certa Men Certa

Newly-Released Badinter Report Shows That by Treating Staff Like Garbage the European Patent Office is Violating Fundamental Rights

The European Patent Office (EPO) cannot pretend to be law-abiding or deserving any respect anymore

Badinter report



Summary: “Related to EPO,” a source told us, crushing of fundamental rights now deemed a serious offense, based on a new report from France

"Here is a link to a recent publication in the French newspaper "Le Monde" which is of a big interest in the present context. It is all about a report that the French government ordered to the former Minister of Justice, Mr Robert Badinter. I haven't read Badinter's report yet but I was appealed by the title: €« Le respect des droits fondamentaux, première exigence du droit du travail €» which translates approximately into "The respect of fundamental rights, first requirement of labour law".



"I could summarise the situation by stating tat Dr. Elisabeth Hardon and Mr. Robert Badinter are both fighting for "fundamental rights" with respect to labour law.

"Here is another link on the same subject. The more I dig on this subject, the more it is relevant to the EPO. Last but not least: the Badinter report [PDF].

"Here is the translation of the text [...] It is amazing: Mr Robert Badinter should really talk to Benoit Battistelli to teach him good habits."

Labour law: the Badinter report defines a foundation of fundamentals



January the 25th, 2016

The report of the committee chaired by Robert Badinter defining the fundamental principles that must be established in labour legislation was handed over to the Prime Minister on January 25th, 2016. For the committee, the first requirement of labour law is "to ensure working woman and man, employees and all those who participate in wealth creation process in a company, the respect for their fundamental rights, including their dignity. "

The report defines 61 basic principles of labour law in eight main areas:

Freedom and rights at work. "Fundamental freedoms and human rights are guaranteed in any working relationship." Among the stated principles are equality between men and women, racism, respect for privacy, prohibition of harassment, etc.

Training, implementation and termination of the employment contract. "The employment contract of indefinite duration." Are also defined: the freedom of choice of the professional activity, maternity rights, the right to extended vocational training, the need for real and serious grounds for dismissal, etc. Remuneration. "All employees are entitled to a remuneration ensuring decent living conditions. A minimum wage is set by law."

Work time. "The normal working hours are fixed by law." The report states that any transgression of the legal working hours entitles to a compensation. The principle remains the established weekly rest on Sunday, derogations may be authorized by law. Also part of the essential rights: the daily rest, supervision of night work, paid holidays.

Health and security at work. "The employer must ensure the safety and protect the health of employees in all areas related to work." The report recognizes the right of withdrawal for employees who consider themselves in situations that present a serious and imminent danger. Employees need access to a independent occupational health service.

Freedoms and collective rights. The report postulates freedom of organisation and freedom for employees to join the union of their choice. He recalls the right of every employee to defend its interests by strike. The exercise of the right to strike may justify neither dismissal nor a sanction.

Collective bargaining and social dialogue. "Any labour law reform project is subject to prior consultation with the social partners."

Administrative control and dispute resolution. "Labour inspection supervises the application of labor law under conditions protecting its members from undue external pressure." Work-related disputes are brought before a specialized court, the employees cannot be punished for bringing the matter to court or for testifying.

The minister responsible for labour is expected to present in early March, a bill to reform the labor law. The principles set out by the Badinter Committee could be the preamble.

Keywords: Work, labour



The EPO is not only mistreating staff representatives, whom it is constantly trying to crush. Just recall how the EPO management (mis)treats the sick workers.

IP Kat comments got derailed by one single commenter (maybe another pro-EPO troll), repeatedly portraying EPO staff that’s protesting as spoiled and selfish, echoing the common PR tactic that we found coming out of EPO management every time mainstream media covered these issues. As we can safely skip much of that (the provocation and comments feeding the provocateur) -- because it would be unwise and counterproductive to do rebuttals again -- let's look at what new information we can find in the comments. Right now, for instance, among the latest comments (not all) we have what could be related to the upcoming strike:

sick people will declared "not sick"; interesting question : if somebody "not sick" causes an accident (e.g. falls down an escalator) and injures/kills somebody else, because of the prescribed medication he had to take, will BB take the blame ? will the EPO pay the damages?


One response to that says:

The history of labour disputes is full of examples, such as the "blue flu", of non-cooperation of labour with management. But such history is all irrelevant to life inside the EPO, unless it concerns a labour dispute in a land where there are no courts. A land in which there is just a President who is investigator, prosecutor, judge, court of appeal and the sentencing authority, all rolled into one malevolent all-powerful being, an alien entity who looks down on his subjects from a satellite orbiting above them.

Recall the example of Admiral Byng, the British Admiral who in the 18th century was executed on his own quarter deck, in front of all the officers of the Fleet. Did he forfeit his pension rights? No doubt he did too!

Why did the Naval Authority do that to him? Why "pour encouragez les autres" of course. BB probably knows the story and has learnt something from it.

Now who at the EPO volunteers to be the next Admiral Byng?


Regarding that Admiral, another person wrote:



BB may have read his Voltaire. But perhaps he should also have studied Blyng's epitaph:

To the perpetual Disgrace of PUBLICK JUSTICE The Honble. JOHN BYNG Esqr Admiral of the Blue Fell a MARTYR to POLITICAL PERSECUTION March 14th in the year 1757 when BRAVERY and LOYALTY were Insufficient Securities For the Life and Honour of a NAVAL OFFICER


Alluding to the "Pompidou/Brimelow era", one person wrote:

To answer the question about the applicable health and safety law: The applicable law is that of the host state, see article 16 (I think) of the PPI which imposes on the EPO the duty to co-operate with the host authorities for the observance of this law. However, the EPO has consistently defied this provision, not just in the notorious case of the suicide on office premises, but also earlier in The Hague, when the Dutch Labour Inspectorate sent a letter politely requesting a discussion as to how such co-operation could be arranged, only to be firmly rebuffed.

After a long series of negotiations between the Staff Committee and the management a comprehensive health policy for the EPO was agreed, which among other things, looked at the applicable legal framework. Part of the agreement was that the President would ask the AC for permission to co-operate with the national authorities as laid down in the PP, not that any such permission was needed. The request was never made, despite many reminders from the Staff Committee.

It may interest readers to know that the health policy also adopted a comprehensive health policy based on best practice which included the prevention of occupational illness, reintegration of sick staff, fair provisions for the verification of sick leave, the settlement of disputes by a panel of three doctors, the confidentiality of medical information, etc., etc. All this took place in the Pompidou/Brimelow era and the policy was patchily applied, due to management hostility. Nevertheless, it covered every aspect of the subject, and contained a provision for periodic review, which could have been used to remedy any defects found in practice. It was a model of a negotiated approach to a thorny problem in which both sides strove to solve each others problems.

Of course, all this was all immediately swept away by Battistelli. Occupational disease no longer exists, nor does confidentiality of medical information. The head of the health department is now a lay person, who reads confidential medical files. Battistelli or one of his minions will decide if you are sick or well, over-ruling qualified medical advice, and will decide on arbitrary grounds if and how much sick pay you receive. If you have a long-term illness you will face a form of house arrest for up to 10 years, before you may be allowed to return to your home country.

The speed and ferocity with which the health policy was dismantled shows just how much BB knew he had to fear from its correct application.


To repeat the above, "Battistelli or one of his minions will decide if you are sick or well" (which in itself is absurd). Is this how the EPO treats highly-qualified patent examiners? If so, what does that say about the EPO in relation to the Badinter Report?

Recent Techrights' Posts

Frequent Flyers of the 'Lolita Express' (Where Screwing Underage Girls is Big Business)
In the words of Bill's wife and mother of his 3 children
How "Open Source" Became Microsoft (But It's Actually Proprietary, OSI is an Openwashing Front Group Now)
They're still trying to rewrite history, but it's harder when Richard Stallman (RMS) is alive
Microsoft-Sponsored Inauguration as a Reminder to Boycott Microsoft
If you do not support what's happening politically right now in the US, then stop giving money (or anything else) to Microsoft
Fund-Raising for Initiative Introducing Teens to Free Software Instead of Junk Like Bytedance's TikTok
A crowdfunding campaign coming soon
The Fall of Corporate Media Controlled by Oligarchs Who Boost (or Are Compelled to Boost) Reckless Lies About the Poor While Normalising Rich People's Crimes
No wonder they have layoffs
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 25, 2025
IRC logs for Saturday, January 25, 2025
Gemini Links 25/01/2025: Plaintext Weblog Posts and Software Development
Links for the day
More Details Emerge About Upcoming Long-Rumoured Layoffs at IBM
Without leadership there's no coordination
Links 25/01/2025: Microsoft Chaffbot Offline and Advocacy/Dissent in China Muzzled
Links for the day
Bringing Down or Taking Down an Innocent Man is Difficult
One positive thing about all this is that we've come to witness (and meticulously document) how social control media works for the mob
Plagiarism at LinuxSecurity.com, Piggybacking Other People's Hard Work and Googlebombing "Linux"
They are googlebombing Google, and worse yet, they leverage bots to do this
Gemini Links 25/01/2025: Pictographs, Non-voters, and Frustrations
Links for the day
Links 25/01/2025: Microsoft Already Shutting Down Its UK "Experience Centre", "AI Deal" Linked to Atrocities
Links for the day
Red Hat is Required to Promote Microsoft's Proprietary Stuff and Even Produce Puff Pieces (Mindless Fluff) About It
Notice the aspect of bribed "media" or "news" or "press coverage" (pay-to-say)
The Limits of Freedom
This is generally not a new problem
IBM Layoffs (or Replacement With Low-Cost Labourers) Far Greater Than Reported by IBM
they serve to confirm what we've long said not only in relation to IBM but also Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 24, 2025
IRC logs for Friday, January 24, 2025
Rumour of IBM 'Bloodbath' in Clown Computing
Performance Improvement Plans mean one step ahead or before layoffs
Dr. Andy Farnell: "Richard Stallman Chose to Stand For the Rights of People to Use Technology as They Wish. He Chose Freedom Instead of Riches."
Keeping busy in public transport
(Live-)Stream of Richard Stallman's Latest Talk in Europe (No Longer Live)
The latest public talk and Live-Streamed schedule were announced early on for the public to know about
Gemini Links 24/01/2025: Drehgriffel, Computer Science and Capitalism
Links for the day
Microsoft Lost a Ton of Market Share in Web Servers Last Month (the Last Month of 2024) and Massive Losses Continue in 2025, Shows New Report
Microsoft down sharply
Richard Stallman is Already in India, Giving Talks About Microsoft Chaffbots and More
he's already giving some talks in India
Microsoft (Nick Vidal) and Co-opting "Open Future" With Microsoft-led "Open Source AI Definition" (Openwashing LLM Slop and GPL Violations)
Microsoft is tainting all sorts of groups via the OSI
Drunk on Chatbots, LinuxSecurity.com Spews Out More LLM Slop About "Wine"
They just keep googlebombing "Linux" and "Security" using slop
Gemini Links 24/01/2025: The "Hey Hi" Hype Continues Fading, Tesla/X/Twitter/SpaceX Associate With Nazism
Links for the day
Robbery at the European Patent Office (EPO), Office Staff as 'Prisoners'
publication from the Central Staff Committee, dated yesterday
Techrights in 0.036 Seconds
Combining Gemini and HTTP/S, yesterday we served an impressive number of requests
BetaNews Run by Plagiarism Bots That Googlebomb (for SEO) "Linux"
Google rewards and thus encourages plagiarism
Microsoft, IBM, and Front Groups That Advance Racism for Profit
IBM has profited a lot from racism and it still does
FOSDEM and 'No Nazis'
the issue isn't wealth but principles
IBM Titles Considered Worthless and Many IBM 'Fellows' Are Vanishing (Also: IBM Staff Inside Linux Attacks the Rights of Computer Users for Recognition or Rewards Like "Distinguished Engineer")
James Bottomley is still "a Distinguished Engineer at IBM"
Gemini Links 24/01/2025: "Social" Control Media is Unsatisfying; An Old Call for a Gemini Without TLS
Links for the day
[Meme] Levels of Outrage
Apparently it's hip for criminals to leverage "the law" to silence their exposers
Links 24/01/2025: Earthquake, Landslide, and Official Implicated in Airplane With Landing Gear Issues (Boeing Plane) "Found Dead"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 23, 2025
IRC logs for Thursday, January 23, 2025