Bonum Certa Men Certa

The Systematic Erosion of Workers' Rights and Holidays at the EPO Goes Years Back

And Christoph Ernst ought to restore and recognise Reformation Day 2017 at the EPO

EPO letter regarding holidays



Summary: The legitimacy of the staff's concerns at the EPO, having seen basic labour safeguards being shredded to pieces by Battistelli for a number of years (predating even the escalation of the conflict)

THE legacy of Battistelli as President of the EPO isn't just brain drain, poor quality of EPs, and serious damage to reputation.



The erosion in pay and career paths, combined with depression and sometimes suicides, will continue to haunt the Office. SUEPO warned about this years ago [PDF], but that fell on deaf ears and the only outcome was the sacking of SUEPO leaders. Recently, Battistelli had yet more holidays called off simply because that suits him (and his right-hand bulldog said it would increase "productivity").

"Will the rule of law be enforced and will it be recognised that Battistelli cannot simply 'rob' the staff (their rights, their rest days) for the sake of "productivity"?"Well now, with a German at the helm, will any of this change? Will the rule of law be enforced and will it be recognised that Battistelli cannot simply 'rob' the staff (their rights, their rest days) for the sake of "productivity"? Ernst has an opportunity to intervene before it's too late, at the very least as a goodwill gesture to staff in Germany (Munich, Berlin).

Earlier this morning someone posted/approved this comment at IP Kat

Now that the EPO has a German chairman, will there be a different (even If only temporary ) approach to being so UP promoting??


As we wrote a very long time ago, Ernst has a hand in the UPC too, so we doubt he'll just unilaterally walk away from it, the constitutional challenge notwithstanding.

If he is truly toothless a Chairman, who is as subservient to Battistelli as Kongstad was, he'll probably neither say nor do anything.

The bizarre situation of Battistelli controlling the Council isn't new. It's like the overseer of Battistelli became his lapdog, sometimes because Battistelli showered some nations (typically smaller ones) with Office money.

The situation was never this bad. Staff representatives already pointed this out to the Council 3 years ago ahead of its quarterly meeting, chaired by Kongstad. To quote the letter in full:

Zentraler Vorstand . Central Executive Committee . Bureau Central

su14216cl 8 October 2014

To the members of the Administrative Council of the European Patent Organisation

Increased legal uncertainty surrounding decisions of the Administrative Council of the EPO

Dear Sir, Madam,

In our letter of 3 March 2014, we have informed you1 about the legal risks taken by the Organisation when introducing unilaterally – and against the reasoned opinion of the Staff Representation – substantial changes to the Service Regulations.

It is our responsibility to draw your attention to new facts that further question the legal validity of many decisions taken by the Administrative Council in the recent past.

Since 2012 Mr Battistelli has been appointing the Vice-Presidents of the Office (VPs) to the General Advisory Committee (GAC). The Staff Representation warned the Office that this was probably unlawful, to no avail. GAC members filed Internal Appeals against this decision. The Internal Appeals Committee (IAC) recently decided on the matter and unanimously considered that appointing VPs to the GAC in 2012 and 2013 was against the Service Regulations in force. The IAC further discussed the legal consequences, i.e. whether all decisions following GAC consultations in 2012 and 2013 should be quashed or not, and had a split opinion in this respect.

The President, who took the challenged decision in the first place, disagreed with the opinion of the IAC and rejected the appeal. The matter will thus be referred to the Administrative Tribunal of the International Labour Organisation (ILO-AT) that will issue its judgement in a few years’ time.

________

1 Letter to AC Delegations ref. su14037cl dated 3 March 2014 concerning the reform “Social Democracy”.




Should the Tribunal, as we deem likely, concur with the unanimous opinion of the IAC, it could decide to quash all decisions of the AC that followed GAC consultations since 20122, including CA/D 2/14 that led to the creation of the new framework for social dialogue labelled “social democracy”, and to the body which replaces the GAC in that new framework, namely, the General Consultative Committee (GCC), to which the President has again appointed VPs.

After the doubts cast in 2010 on the legal validity of Ms Brimelow’s pension reform 3, you may have hoped of not being confronted with even larger legal issues created by the Office. Not only several past decisions of the AC (since 2012) are now put into question, but also future ones.

The reputation of the Organisation is at stake. Solutions can be found before the Tribunal rules on the matter. Be assured that SUEPO is – as ever – willing to develop them together with management.

Yours faithfully,

SUEPO Central

________ 2 It is likely that the appeal against the 2014 appointments of VPs to the GAC will receive the same opinion from the IAC. 3 Cf. Opinion of the Internal Appeals Committee on CA/D 17/08. The case is now pending in front of the ILO-AT.


Who runs today's Organisation? Does the Organisation manage the Office or does the 'king' of the Office manage the Organisation still?

How can Battistelli just deny staff's rights? He's likely doing this unlawfully, probably without any consultation with -- or authorisation from -- the Council, having nonchalantly decided to call off public holidays.

Reformation Day 2017 is at the end of this month, but Battistelli decided to call it off. Will Ernst intervene? Will he signal to staff that Battistelli is no longer a 'king' (in his own mind)? What we have seen so far isn't reassuring. Ernst is too weak.

Recent Techrights' Posts

An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part III - Very Strong Legal Basis for an Appeal
The case is now being escalated to a Foreign Secretary and former Deputy Prime Minister
No Slop Found in RSS Feeds, Only in Google News
No slopfarm will survive for very long, certainly it'll go bust as soon as readers (if it had any) know what it is
What the Solicitors Regulation Authority (SRA) and Action Fraud UK Have in Common
Don't let London become the world's "crime capital"
Dr. Andy Farnell on How GAFAM, NVIDIA and Others Lie to People Via the Sponsored Media to Prop Up Lies Under the Guise of "AI"
Lots of key aspects are covered
 
Attacks on Techrights Make Techrights Stronger and Attract More Whistleblowers to Techrights
The harder they attack us, the more productive we become
The Register MS Has Just Taken Money From Google (Where the Former Chief Editor Now Works) for Femmewashing and Ponzi Scheme Promotion
now The Register MS not only promotes a Ponzi scheme but also bags money to pretend Google respects women
People at IBM Are Still Smart Enough to Understand What's Really Going on
"I would never refer someone to work at IBM that I liked! I hope all of you have reviewed IBM on Glassdoor."
European Patent Office (EPO) to "Eventually Eliminate the Tasks Performed by Formalities Officers"; EPO Run by People Without Experience in Patents
full paper
RMS is 73 Next Week
Richard Matthew Stallman (RMS) turns 73 exactly 7 days from now
Iran & FSFE: blackmailing women, from football to the French Government (CNIL)
Reprinted with permission from Daniel Pocock
Police investigations, lawsuits & Debian leader election candidate shortage
Reprinted with permission from Daniel Pocock
Richard Stallman (RMS) Has Defeated Cancel Culture, a Mostly American Phenomenon
RMS is talking now
Links 09/03/2026: Many Security Breaches and a Pandemic of Censorship
Links for the day
People Who Work or Worked at IBM Hate It
bluewashing is only the first step
Richard Stallman (RMS) Talks in 30 Minutes, Next Stop Bern (Last Stop)
We assume he'll travel back to Boston after that
IBM's Fedora as a Booster of Slop Disguised as Code or Computer Programs
Maybe we should also stop seeing a doctor and instead ask chatbots about symptoms?
Richard Stallman (RMS) Talk Five Hours From Now
there is growing recognition for what he really did for everybody
EPO Strike 10 Days From Now, Planning Assembly Tomorrow, Last Couple of Strikes Had High Participation Rates (1,500-1,600 Staff Went on Strike)
The next strike is in 10 days' time and then there will be another strike
Links 09/03/2026: GAFAM Outsourcing, "MAGA Political Meddling" in EU, Indonesia Bans Social Control Media for Children Under 16
Links for the day
Using Slop (and Slop in Articles) to Attack Copyleft 'on Budget'
This article is pure BS from an anti-GPL and anti-RMS 'activist'
Why The Register MS Sold Out to Microsoft: They're Losing Lots of Money, The Register MS is Bleeding to Death, Based on Its Own Financial Records
With over 6 million pounds in debt (nearly 10 million US dollars) we guess it's likely some other company will take over the site (if it deems it worthwhile)
Microsofters' SLAPP Censorship - Part 7 Out of 200: Like With the Serial Strangler From Microsoft, Misuse of UK-GDPR to Try to Hide Embarrassing Facts
They do and say really bad things, then allege it's a "privacy violation" to mention those things
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 08, 2026
IRC logs for Sunday, March 08, 2026
Gemini Links 09/03/2026: Exponentials and Tailscale
Links for the day
Sloppyleft
Article by Alexandre Oliva
Hard to Replace 'Human Touch'
The reason many people insist on using GNU
Richard Stallman Gives Talk in 20 Hours at Ostschweizer Fachhochschule Campus in Rapperswil-Jona
The talk is in English
The Slop Companies Gamble at Our Economy's Expense and They Know It's a Losing Bet (So It's a de Facto Robbery)
The crash of this bubble isn't just inevitable, it's already happening and receding sporadically because of false announcements about money that does not actually exist (to "buy time")
Suppressing Speech by Blackmail, the Iran Story
When Debian wanted to stage a seemingly legitimate election it needed to have more than one candidate running; so eventually the female partner of a geek rose to the challenge (had no coding skills at all, no technical history in Debian) and lost to the "incumbent German"
Too Focused on Buzzwords the Media is Paid to Saturate the Collective Mind With
Just because companies do really bad things in the digital realm does not imply "AI" or follow from "AI"
Discrimination and Prejudice Against Female Journalists
we can shame people who attack a reporter on the grounds of gender
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part II - Trying to Put People in Prison for Committing the Act of Journalism
This is abuse of process
Attack on Copyright and Copyleft by Code Conversion Is Nothing New, It Predates Slop (Code Produced by LLMs) by Several Decades
Even back in the 90s many people converted programs from one language to another. That could invalidate copyleft (and copyright), which already existed
Almost a Slopless Weekend for "Linux"
Let's hope slop will come to an end or sites will cease linking to slop
Insiders Explain Why IBM is Dying and the Inherent Culture Problem
There are many ways to shave this IBM cat
Links 08/03/2026: Microsoft Lost $400 Million on "Project Blackbird" and Half the States Sue Over Illegal Tariffs
Links for the day
Links 08/03/2026: Cisco Holes Again and "Blatant Problem With OpenAI That Endangers Kids"
Links for the day
Activism/Journalism in Our Blood
one must fight for one's principles
Gemini Protocol in Its Prime
What's particularly neat about Gemini Protocol is that it's fast and cheap
Microsofters' SLAPP Censorship - Part 6 Out of 200: Intentionally Misnaming Women, People Who Offered to Testify That They Too Had Been Subjected to Similar Abuse
Today it is International Women's Day
Even Fedora Leadership Cannot Figure Out the Microsoft Kill Switch/Back Door, 'Secure' Boot
It does not actually enhance security
Bruce Perens: Richard Stallman "Has Achieved His Goal"
Stallman's next talk is tomorrow
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 07, 2026
IRC logs for Saturday, March 07, 2026
Gemini Links 07/03/2026: Buying Woodland, Indra 1.3.0 Available, and LLM Exhaustion
Links for the day
The Harder They Attempt to Take Down This Site (and Take Away Liberties), the More People Will See This Site
We'll carry on as usual, as from sunlight comes justice
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part I - A Matter of National Security
Those people are Americans who try to advance the interests of American corporations by weaponising courts abroad
Why They Always Try to Shoot the Messenger (When the Message Harms Profits)
A matter of economics
Coinbase - Like Block - is in Huge Trouble, Its Debt Nearly Doubled in Half a Year
The real reason Block is collapsing is its debt
Starting Another New Series This Evening, It's About American Folly
today commences a series long in the making (years)
Nations Stand to Benefit From Gender Equality and Increased Participation by Women
International Women's Rights Day starts in about 6 hours in the UK
Microsoft is Losing It, Now It's Censoring Its Critics and Sceptics
Whether the measurements made by statCounter are accurate or not, the trends (long-term) typically make sense
WIRED (Conde Nast) Reviews Are Paid-for Marketing Spam, They Change Dates on Old 'Articles' to Make Them Look Relevant and New
The Web is fast becoming a burial ground for ads, trash, spam, and slop
Gemini Links 07/03/2026: Humour, Chilling, and Oversized 'Phones'
Links for the day
Cyber|Show by Andy and Helen Recommended by Techrights and Tux Machines
If your time is limited and you look for informative essays and shows (audio)
Links 07/03/2026: CJEU to Finally Examine Behaviour of the Illegal and Unconstitutional Unified Patent Kangaroo Court, Creative Commons (CC) Hosts Open Heritage Statement Event in Amsterdam
Links for the day
Microsoft's Thailand Problem
It's definitely not Windows
New Lows for Microsoft in Micronesia
GNU/Linux has shown some growth there too
Microsofters' SLAPP Censorship - Part 5 Out of 200: Clearly Not a Security Professional/Expert, Only Ever Pretending to be One
"The Claimant says he is “a computer security expert”, but his background and his track record in the education sense (genetics) does not support this assertion."
Links 07/03/2026: Fuel Already Running Low and "Economic Crisis of the Iran War"
Links for the day
The Corporate Media Repeated the Lies Told by Jack Dorsey ("AI" Hype), Now It Does the Same for Larry Ellison
Disregard the hundreds of headlines that say mass layoffs at Oracle are due to "AI" something
The Free Software Community is Gaining Momentum as Its Importance is More Broadly Realised
As long as "trendy" technology goes in a negative direction there will be a growing portion in society looking for alternatives
Spooking or Chasing Away Women (From Computer Science)
The status quo discourages women from even trying to study Computer Science and related disciplines
"IBM Has Changed So Much in the Last Decade to the Point It's Completely Unrecognizable."
IBM is a dying, rotting company with a morbid culture
The Register MS, Sponsored by Communist Party of China (CPC)
What will happen when the bubble crashes the economy?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 06, 2026
IRC logs for Friday, March 06, 2026
Gemini Links 07/03/2026: Coffee Problem, Marchintosh, Learning, and "Selectively Disabling HTTP"
Links for the day