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

IBM is Not Done Destroying Red Hat, Wait Till October 1st 2026 (More Layoffs and Bluewashing)
It's not bluewashing 'til it's 100% done
Only a Matter of Time Before IBM Drops to $199 or a Lot Lower Than That
How long can IBM overload empty shells?
Lots of Microsoft Just Loses Money, Not Earning Money
Due to profitability challenges it's hard to believe Microsoft will ever find a buyer for XBox
Touch Grass
Happiness involves what humans have evolved to appreciate, not what humans create to sedate the mind (like skinnerboxes)
The Cyber Show on Technology Having Become a Tool of Mass Psychosis, Not Enablement or Emancipation
Technology as mass psychosis
The Rumour Said That a Second Wave of Microsoft Layoffs Would Come This Week (Ahead of Fake 'Results'), Maybe Tomorrow
Let's wait and see how "MSM" unfold
 
GNU/Linux OS in ComorOS
Now, as in recent years or the last year, the GNU/Linux "signal" is growing significantly
Microsoft Redefines "Layoffs" to Give Smaller Tallies
It's not just calling them "buyouts" or saying people are merely "leaving" or "retiring"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 21, 2026
IRC logs for Tuesday, July 21, 2026
"LF Sex", Nothing to Do With Linux
a lot of explaining to do this week
Gemini Links 21/07/2026: Nostalgia, Shogi, and New Gemlog System
Links for the day
Guyana: GNU/Linux Rises to New High, 7%
Guyana is part of the trend
Oman: GNU/Linux Up to 7%
It was 5% last year
The Solution is Never 'Free Hosting' in Proprietary GitHub (Microsoft), the Solution is Self-Hosting
Third parties never care about your projects as much as you (yourself) care about them
From GAFAM's Perspective, Jeremy Bicha Did Nothing Wrong
All is OK as long as he does not criticise monopolists and billionaires
Bluesky Was Such an Utter Failure That After 18 Months Mozilla Goes Hug a Nazi Platform That Produces Child Porn
What compels Mozilla to come back there? The child pornography scandal? The adorable leader?
GNU/Linux at Grenada Measured at 14% This Month
GNU/Linux was stuck at 0% for a long time
In WordPress, Newer is Not Better (Maybe Better Off With No WordPress at All)
To Hell with bloat and feature churn
As Slop Bubble Implodes (Inevitable), the Dishonest, Corrupt, Compromised Media Tries to Blame "China" Again (Like it Did With "DeepSeek" in Past Years)
Here we go again. We've been there before. Same spin, this time not "DeepSeek" though.
Red Hat (IBM) Has Long 'Reassigned' (Bluewashed) Red Hat Staff to Ruin Fedora, Now It Does the Same to GNOME
What next from IBM's Krishna?
Links 21/07/2026: Google Stagnating, Slop 'Apps' Are "Flooding Apple’s App Store"
Links for the day
Gemini Links 21/07/2026: OPNSense Upgrade Problems, Zilog Z80 at 50, and Lessons From Terminator
Links for the day
IBM Lawsuits Over Alleged Fraud Are Piling Up
We'll keep an eye on the lawsuits
Arianna Taite on Odds of Australian (Daniel Pocock) Winning Clacton By-Election
His detractors somehow try to twist or frame him (Pocock) as an impediment to women while the exact opposite is true
This Coming Weekend Marks 4 Years Since We Dumped Content Management Systems (CMSs) in Favour of Static Site Generators (SSGs)
the first page dated July 25
Slop's Latest Casualty: The Credibility of Linus Torvalds
If you care about millionaires and billionaires, follow Torvalds (he is already in that "club")
Techrights Will Become More Productive (More Output) Over Time
Big stories about to land
To Wikipedia, "Notability" is Just an Excuse to Hail People Who Serve Billionaires While Marginalising or Defaming the Rest
Wikipedia is an advertising space
Our Series About Solicitors Regulation Authority (SRA) and SLAPPs Will Resume Soon
Originally, in 2025, we gave ourselves 6 years (until 2031) to cover these issues, but we've seen since extended that to 10 years (until 2036) because of the amount of material we have
European Patent Office (EPO) Series: The EPO Transparency Gap
Despite the "European" tag in the organisation's name, the European Union has no jurisdiction over the European Patent Organisation
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 20, 2026
IRC logs for Monday, July 20, 2026
Links 20/07/2026: Lashes for Songs in Iran, Kurdish Language at Risk
Links for the day
Gemini Links 21/07/2026: The Boss Baby (2017) and 2026 Old Computer Challenge Epilogue
Links for the day
Canonical Staff Acting Like They Aim to Receive Job Offers From Microsoft
There are moreover allegations that Debian will do the same, in the same way Mono boosters infected both distros in tandem or in turn.
Worsening Staff Affairs at Microsoft
Microsoft is managing to piss off many of its own workers
Czech Mate for GNU/Linux on the Way
Czechoslovakia is having none of that "peace for our time" with Microsoft
Nobody Will be Left Who Trusts IBM Anymore
The common theme is, the management must be completely replaced as soon as possible and truth needs to come out
Wall Street is a Bubble and No Company is Worth 5 Trillion Dollars
It's not hard to see which stocks will crash the hardest (or fastest)
The Corrupt Have Historically Tried to Paint Their Exposers as the Real Problem
As usual, there are efforts to shoot or muzzle the messenger
Search Engine Market Share in Italy: Microsoft Falls to Third in Many Countries Including Italy
Expect more layoffs in Bing
Links 20/07/2026: Spotify Drowning in Slop, Expiry of Software Patents in MPEG-4
Links for the day
Gemini Links 20/07/2026: Another Step Towards Owning Personal Data and Gemtext2 Envisioned
Links for the day
European Patent Office (EPO) Series: Public Missions and Private Ambitions
Despite the French government's strong formal pushback, the lobbying momentum generated by Campinos and Negrão proved unstoppable
"DOOM" and "Bloodbath": the State of Microsoft and XBox
Way to piss off fans
Karen Melchior Fought the Good Fight
stay tuned for Part 29
Links 20/07/2026: Notes on E-mail Encryption, Torvalds and His Employer Paid a Lot to Promote Slop (Pyramid Scheme)
Links for the day
What a Difference Six Years Make...
We are also beta-testing a new feature for the site; we plan to announce it some time soon
When It Comes to Slop, Richard Stallman is Opposite of Linus Torvalds
When it comes to computing, Dr. Stallman has long been a voice of reason
Daniel Pocock is in Mainstream Media This Week
Pocock's haters will absolutely hate this
In His Departure Post, Poul-Henning Kamp (phk) Explains Why Linus Torvalds is Full of "Hot Air" and Slop Bubbles
Having lived through previous bubbles as a UNIX geek, phk cannot be ignored
Whistleblowers Keep Flowing
Later today a police investigator should phone us regarding death threats we've received
We Need Less Gadgets, More Humanity
If people are being honest with themselves, many of the gadgets they claim they "cannot live without" are just excesses and distractions they could definitely leave behind
Technology and Gadgets Got Obese, Just Like Their Users
They now sell us so-called 'phones' for slop
Daniel Pocock in The Guardian This Morning
There is an opportunity here to spread a message, even if Pocock won't win a seat
"Samsung Recently Projected a 19-fold Surge in Second-Quarter Operating Profit", Now There Are Mass Layoffs
In a 9-month period Samsung's debt rose by about 80%
Gemini Links 20/07/2026: Dungeon Meshi/Undertale Crossover, "The Hitchhiker’s Guide to the Dark Web and Beyond"
Links for the day
IBM's Control of the Media "Just Showed What Taking Accountability Does Not Look Like"
It is no secret that IBM pays the media
Microsoft Loses XBox Lawsuit, But There Are More
The collapse of studios continues
GNU/Linux Approaching International Average in Djibouti
One can envisage further gains for GNU/Linux, seeing Microsoft is in such a bad shape
Daniel Pocock "[t]he Australian Taking on Nigel Farage — from Down Under"
This can help raise awareness of some issues
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 19, 2026
IRC logs for Sunday, July 19, 2026