Bonum Certa Men Certa

As Work/EPO Invalidity Appeals Rejected, More Reasons Emerge to Worry About the Campinos Regime

Blog of Battistelli



Summary: Weeks after Campinos cuts off communication with the union he's reported to have successfully influenced a decision on European software patents and now he meddles in internal tribunals as well (to the detriment of vulnerable staff, as usual -- a Battistelli 'hobby')

The Central Staff Committee (CSC) of the EPO is looking after the health of the weakest or most vulnerable among EPO staff. This is what the union too has been doing, in turn rendering some of its leaders more vulnerable (subject or target of attacks from EPO management). SUEPO intends to fight on that front as well. Today we reproduce a document leaked to us by a recipient, as it clearly shows that Benoît Battistelli and António Campinos have become almost synonymous. Might as well call them Benoît Campinos and António Battistelli. Remember that the EPO has given many members of staff chronic health conditions; for starters, even though media never bothered covering this, 40% of EPO workers had Upper Limb Disorder (ULD) some years ago. It's difficult if not impossible (or incredibly painful) to work that way, and as workload increases so will that pain. Who cares about labour regulations, right? With a pandemic, anything goes. Any violation that is...



"Remember that the EPO has given many members of staff chronic health conditions"We've decided to reproduce the item below as-is, though it relates to a document published some months ago (EPO Staff Representatation commented on the Appeals Committee).

Zentraler Personalausschuss Central Staff Committee Le Comité Central du Personnel

Munich, 19.03.2021 sc21036cp 0.2.1/5.2

Internal appeals against the New Career System and the Abolition of the Invalidity Lump Sum



At the beginning of February, Mr Campinos issued his decisions on appeals against two majors reforms of his predecessor: the New Career System and the Abolition of the Invalidity Lump Sum. Mr Campinos ignored the solid minority opinion in the first case and even refused to follow the unanimous opinion in the second case. The colleagues affected will have to challenge the decisions before ILOAT.

New Career System



The 2015 new career system In 2015, the EPO introduced a new career system abolishing any seniority recognition, solely based on competition between staff and still unique among International Organisations. The change of working conditions was radical. Each year, around 40% of staff do not get any pensionable reward. Several hundreds of EPO staff filed appeals against the general decision CA/D 10/14, the implementing decisions transposing them into the new salary scale and the abolition of automatic step advancement.

The opinion of the Appeals Committee The Appeals Committee (ApC) in its enlarged composition considered in its majority opinion that some of the appeals were irreceivable and the others were unfounded. However, the majority did acknowledge that the Office, when implementing the reform, could have done “more considerate management” and “a better communication exercise”. Regrettably, the majority also considered that the President does not have the requisite legislative power to make promises to staff regarding their career progression as it is a decision which is within the remit of the Administrative Council, although the President has the power to decide discretionarily, year after year, on the career progression of each of “his” appointees.

Mr Campinos decision In his decision, Mr Campinos simply follows the majority opinion without commenting on it. One can therefore infer that Mr Campinos fully supports the view that any promise he makes is by definition non-binding on him and would actually be subject to a decision by the Council. This can therefore be taken to apply also to any promise Mr Campinos can make on the application of the positive outcome of appeals or judgments to all staff.




The ApC opinion came also with a strong minority opinion which Mr Campinos ignored in his decision. This attitude won’t improve the image of the Office before the Tribunal.

Next steps EPO staff will need to file individual complaints in order to safeguard their rights. The matter will then have to be dealt by the Tribunal with the clear evidence after several years that career perspectives were either slowed down or blocked for a majority of EPO staff.

Abolition of the Invalidity Lump Sum



The 2015 sick leave and invalidity reform The EPO regulations on sick leave and invalidity underwent radical changes in 2015. The changes described in CA/14/15 rev 1. and the Administrative Council decision CA/D 2/15 caused considerable unrest1 among staff. Prior to the reform, employment at the EPO included participation in a compulsory death and invalidity insurance scheme, for which premiums were paid from the salaries. This insurance scheme comprised a lump sum to be paid out in the event of invalidity. The lump sum served to cover loss of income due to invalidity. This was particularly important for staff with dependants. Under the new regulations, not only are the emoluments lowered, but also the lump sum was abolished altogether, without replacement or alternative. This put in difficult situation employees who are now much older and cannot hope to get a similar insurance on the private market at rates they can afford. Staff members may have paid 25 years or more for it, only to see it disappear at a time when they might need it.

The opinion of the Appeals Committee Five years later, the Appeals Committee (ApC) unanimously concluded that, by abolishing the permanent invalidity lump sum without adopting any transitional measures to allow for a smooth transition to the new system, the Office breached its duty of care. More specifically:

● the Office did not provide for a transitional period during which it would assist its employees wishing to contract a private insurance covering the risk of invalidity. ● the Office did not consider any transitional measures regarding the situation of employees who already suffered from an adverse transitional medical condition at the time of the reform and whose permanent invalidity would have been established shortly after the reform.

In the light of the above, the Appeals Committee recommended that the President avail himself of the power accorded to him by virtue of Article 75 of CA/D 2/15 and take appropriate transitional measures.

Mr Campinos decision In his decision, Mr Campinos by delegation of authority to Ms Simon (VP4), does not acknowledge the breach of duty of care and line up arguments demonstrating bad faith.

First, Mr Campinos pretends that “it is not practicable for the Office to identify which staff members would fall within the categories of staff to whom the ApC has indicated that transitional measures should apply”. However, the ApC opinion is clear: they should be applied to all staff who were hired by the EPO before 1 April 2015 and to all staff who had medical conditions making them invalid shortly after the reform.

____ 1 “Another severe attack on both dignity and fundamental rights of EPO staff” SUEPO paper (su15203cp) of 19.05.2015




Second, Mr Campinos argues that “it is not possible to obtain insurance with the same coverage as the former invalidity lump sum at a comparable cost. This issue is compounded by the passage of over 5 years (and changes of circumstances) between the abolishment of the invalidity lump sum and the present date”. Mr Campinos neither mentions nor substantiates the changes in circumstances. The time elapsed since the filing of the appeals is by far the most disingenuous argument. The Office bears the responsibility for the backlog of the ApC due to its wrong composition, which the Tribunal ruled on in Judgments 3694 and 3785. Furthermore, in the present case, the Employment Law Department of the Office took two years to send its position to the ApC and Mr Campinos took nine2 months to consider the ApC opinion and make a decision. Mr Campinos is actually making staff pay for the delay caused only by the Office itself.

Next steps Once again, this decision forces individual staff members to challenge the case before the Tribunal, including those suffering from progressive degenerative diseases that will undoubtedly render them invalid. Such staff members are often not fit enough to defend themselves and therefore need help. Such need for action and the Office’s breach of duty of care is difficult to reconcile with the Office claiming that we are “Strong Together”. In recent meetings, Mr Campinos said that he would be ready to provide help to staff members in case of hardship. But EPO staff do not need or want charity. EPO staff needs clarity and legitimately expects the Office to stick to its rules and acknowledge its mistakes.

Conclusion

The days when Mr Campinos preferred to reduce litigation through settlement discussions seem now to be over. By selectively following ApC opinions to confirm two major negative reforms against EPO staff, Mr Campinos reveals one facet of his mandate: to protect and pursue the political legacy of his predecessor.

The Central Staff Committee

____ 2 Two months should normally have been the limit.


Any further commentary would likely just detract. Readers can conclude (for themselves) how bad things have become at the EPO. Nothing has truly improved since 2018. The media has gotten a lot quieter, but that hardly helps anybody.

Recent Techrights' Posts

Shobhit Varshney From IBM Pushing Slop at Large Bank, Another McDonald's Waiting to Happen?
How long can they get away with phony narratives like "replaced by AI"?
So When Will British Politicians, Police, Government Departments Quit Twitter (X.com)?
They sure bring constituents there (by being there)
IBM Red Hat Does Not Compete With Microsoft, It's a Microsoft Reseller
even if employees of Red Hat dislike and distrust Microsoft
 
"AI" (Slop) 'Demand' Isn't Growing, It's Fake, It's a Pyramid Scheme
They try to resort to 'creative' accounting (fraudulent schemes like circular financing)
Difficult Times at IBM and Microsoft Ahead of Mass Layoffs (Probably Before This Month's Results Unless Postponed to 'Prove' Rumours 'Wrong')
IBM and Microsoft used to be tech giants. Nowadays they mostly pretend by pumping up their stock and buying back their own shares.
Canonical: Make Ubuntu Bloated (Debian With Snaps), Then Sell the 'Debloated' Version for a Fee
If people want a light distro, then they ought not pay Canonical but instead choose a light (by design) GNU/Linux distro
People Don't Want "Just Enough", They'll Look for Quality
That's why slopfarms will go away or become inactive
Gemini Links 14/01/2026: 3D and Tiny Traffic Lights Pack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 13, 2026
IRC logs for Tuesday, January 13, 2026
Slop Waning Whilst Originals Perish
Slop is way past its "prime"
XBox's 'Major Nelson' Loses His Job Again, This Time in a Microsoft Mono Pusher
Microsoft hasn't much of a future in gaming. XBox's business is in rapid decline and people who push Mono to game developers are the same
Links 13/01/2026: Russia Weaponises Weather Against Civilians, Beijing-Controlled HK Attacks Legal Team of Besieged Critics
Links for the day
Gemini Links 13/01/2026: Loss of Desire to Produce, Individual Consumption
Links for the day
Links 13/01/2026: Ubisoft Layoffs, "India IT In Shambles", and Microsoft Chatbot Killing People
Links for the day
IBM is Not a Leftist Company, the "I" Stands for Imperialism, and Poo Floats to the Top
Remember that AK is military from both sides of his family
Links 13/01/2026: More Mass Layoffs in GAFAM, Catching Up With Political News of Early January
Links for the day
Freedom of Speech in the UK (or Freedom of the Press/Expression) and Protection From Adversaries
undressing people without consent and in very bad taste is not "speech"
Ending the Status Quo at the European Patent Office (EPO) This Year
Things will continue to get worse as long as the "Digital Majority" stays silent and/or passive
Greenland Ought to Move to GNU/Linux, Not Apple
GNU/Linux at 4%
If You Care About Freedom, Don't Follow IBM Red Hat (Like Microsoft Novell 20 Years Ago)
IBM Red Hat and Microsoft don't seem to compete
Red Hat Layoffs, Even of "AI" Staff in India
This is how companies die
LLM Slop Isn't Replacing Online News, It's Just a Pest That's Gradually Going Away as Money for Slop Runs Out
Slop likes to talk about itself (like some kind of 'web-cancer')
Not Journalism: Almost 80% of the 'Articles' We Saw About Torvalds and 'Vibe Coding' Are LLM Slop (Sometimes Slop Images)
The real issue is, Torvalds who created Git as a solution to proprietary prison is entertaining Microsoft's own proprietary prison
EPO People Power - Part XXXIII - Interest From Some European Media, For a Change
Without it, we'll become another Russian Federation
Just Another Reminder That Microsoft Didn't Deny Mass Layoffs
Remember that Microsoft never denied this
GNU/Linux Measured at 6% in Réunion This Year
Population sizes like a million people are nothing to sneeze at
Dr. Andy Farnell on Marketing Bad Things Like Slop Using FOMO (Fear of "Being Left Behind")
many of the same themes we often cover here
IBM Stock Compared to Bitcoin, Fake Articles About IBM Promote Myths About IBM
The stock moves based on false marketing
Bluewashing Continues, Red Hat Onboarding Interns in Low-Paid Regions
It's the end of the second Monday of 2026
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 12, 2026
IRC logs for Monday, January 12, 2026
Gemini Links 13/01/2026: ScottoRang and Outage
Links for the day
GNU/Linux Exceeding 6% in Cape Verde
Windows is measured as down sharply
When It Comes to Health, Slop is a Flop and It Kills People
Chatbots will mostly die after many people die due to them
2026 Has Begun Well for GNU/Linux Users (and for Us)
A lot of the anti-Linux FUD we got accustomed to seeing some years ago became scarce
Links 12/01/2026: Vista 11 Exodus and Famicom/NES Game
Links for the day
Links 12/01/2026: Twitter (X) Being Blocked in More Countries, PTAB Besieged by Cheeto Appointees (Bad Patents Getting Through)
Links for the day
Links 12/01/2026: Brussels Plotting Exit From GAFAM (US), Carole Cadwalladr Explains "Peter Thiel's New Model Army"
Links for the day
Oligarchs and States Always Attempted to Obstruct Efforts to Expose Their Corruption
We commend the administrator who consistently and adamantly defend the freedom of speech
Scheduled Maintenance Between 15th of January and Days to Follow, Free Software Foundation (FSF) Looking to Add 43 More Members by 16th of January
People who value Software Freedom should consider joining to support the FSF
Bracing for Microsoft Layoffs, Tired of Microsoft Lies, Microsoft Staff Wants Transparency, Not Face-Saving Coverup From Frank Shaw
totally made up stock price
GNU/Linux Estimated at Around 5% in Montserrat
another country where the "share" of GNU/Linux is now measured at 5%
GNU/Linux Exceeding 5% in Guadeloupe According to statCounter
GNU/Linux "share" estimates in Guadeloupe
Dr. Richard Stallman @ Georgia Tech Next Week
More Than One Week From Now
EPO People Power - Part XXXII - Little Hope That European Press Will Attempt to Expose Drug Abuse in Europe's Second-Largest Organisation
What does this tell us about the press in Europe?
Three most controversial Australian authors linked to St Paul's, Coburg
Reprinted with permission from Daniel Pocock
Links 11/01/2026: Data Breaches and Recent (Early 2026) Political Developments
Links for the day
Gemini Links 12/01/2026: Insomniacs After School and Boycotting Amazon
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 11, 2026
IRC logs for Sunday, January 11, 2026
Brett Wilson LLP 'Dropping' the LLP, Is This Rebranding?
It's not a coincidence or a glitch, there was a formal change somewhere in the system
Can IBM Still Control the Narrative?
We'll see what comes out through the grapevine later this week