Bonum Certa Men Certa

Spanish Media on Reign of Terror at EPO: Managerial Misconduct, Blocked E-mails (Censorship), and Abuse of Legal Immunity

Público



Summary: Spanish article from Público translated into English, demonstrating the greater role played by the media these days

THE EPO's management, knowing that it is already in a lot of trouble, has resorted to hiring thugs, attacking staff, censoring its network, and so on. It's symptomatic of an abusive regime that feels threatened, for if staff (making up the EPO) and by extension the European public (subsiding the EPO) knew what EPO management was up to, prosecution too would be a possibility, not just the dead end of some people's career.

"Público," wrote SUEPO, "published an article (printable version) titled "The European Patent Office is violating labour laws, according to the employees".

"The article reports on the authoritarian drift of the European Patent Office under the presidency of Mr Battistelli with the introduction of an investigation unit (supported by Control Risks), the increase in disciplinary procedures and the violation of fundamental rights of staff with the latest health care reform (lack of confidentiality of medical records and house arrests for invalids)."

Here is the collection of translations [PDF] with emphasis added where it matters:

The European Patent Office is violating labour laws, according to the employees



Trade union sources claim that the President of the organization has imposed a ruling which is having a massive effect on the health of the employees, their pensions, and their labour rights, such as the right to strike.

CAROLINA GARCÍA MUNDI

MADRID.- The European Patent Office (EPO) is encountering first-hand the problems of the employees. The President of the organization since 2010, and also President of the Administrative Council of the EPO, Benoît Battistelli, “is managing the Office in an authoritarian and antisocial manner, which is causing problems at the Office”. This at least is the view expressed by sources at SUEPO, the Staff Union of the European Patent Office, in statements made to Público.

The EPO, with headquarters in Munich and three branch offices in The Hague, Berlin, and Vienna, has a staff of 7,000 people, 480 of them Spanish nationals. The employees insist that the measures being imposed by Battistelli are having a massive effect on them. “Not only the rules about patents, but also about pensions, health, employees’ rights”. The President of the EPO, which is responsible for validating inventions and the patenting of them, is also the President of the Administrative Council. The Council is formed of 38 members, representing the 38 countries which make up the European Patent and Trademark Office, and is responsible for personnel matters as well as for defining the financial structure and arrangements, and the President is making his voice very clearly heard: He is the person who has the last word; he is the legislator.

In 2014, Benoît Battistelli imposed a ruling which is prejudicial to the rights of the employees in matters relating to trade unions, labour relations, and medical benefits. Labour rights in particular have come under attack. “He’s going to be the person who decides whether or not there’s going to be a strike, and how long it can go on”. “There’s massive repression being imposed”, sources in the trade union insist.

The staff can also be placed under investigation if someone utters an anonymous denunciation against them. They are told that they are going to be investigated, including the personal E-mails, but they can’t do anything about it. “The only people you can talk to are your wife and your doctor”.

One spokesperson for the union believes, however, that the investigation was only started because the person concerned was a significant member of the union, which was putting pressure on the Administrative Council and on Battistelli.

The basic rights of the employees are being violated, in particular with regard to their health. Battistelli is taking pseudo-medical decisions and “targeting people who are ill”, union members maintain. And there’s more: “The doctor, appointed by the President, decides whether a person is ill or not, while up to now three opinions were sought from three different doctors. If a person reports sick, they have to produce a certificate on the third day, and you can be subjected to examinations in your own home if you’re ill”.

As well as this, the medical records of each employee are stored on a database, and the staff have no idea who controls it. Confidentiality of medical records is a right and an obligation. In Spain, if confidentiality is breached, it may be treated as a criminal offence.

Pensions are also coming under attack. 30% of the salary of each employee is put into a savings fund every month. However, if you come from the State in which you are working, this pension can be reduced. “If I go to the State where I’m living, I’m breaking a rule and they penalize me. For example, if a Spanish national contracts a terminal illness, he can’t go back to Spain until he’s 55. If you do go, they can take disciplinary action and cut the pension".

The EPO union has also come under fire. Union members have been having their E-mails blocked, from within the Office and outside. They cannot communicate with one another. They cannot complain, because if they do so under their real name they lay themselves open to disciplinary procedures. This situation, in which privacy is being violated, would constitute a criminal offence in Spain, as a lawyer confirmed (responsible for the case of the EPO personnel).

This breach of basic rights of the staff has already been brought before the courts. Sources from the SUEPO union confirm that the ruling by the Dutch court of second instance was in their favour, requiring Battistelli to revoke this ruling and to allow union members to continue sending E-mails, as well as obliging him to begin negotiating with the union.

But the decision by the court got nowhere. Battistelli issued a memo to all the staff to inform them that he was not going to abide by the ruling, because “it is dangerous for the Office for these initiatives to be taken, which are supported by the union, the primary concern of which should be to defend the interests of the personnel. You can nevertheless count on my perseverance and commitment to defending our organization”. Sources from the union maintain that this memo “is a propaganda exercise and an attack on immunity”.

Immunity is something which all the international organizations have. The implication is that the individual organization itself is independent and is not subject to the laws of the country in which it is based. This characteristic, however, comes to create great power, which can then degenerate into abuse. “They are using this immunity to change the rules about labour relations, about the unions, about health, and about basic rights and liberties. This is an abuse of immunity”, is how union sources condemn the action.

“The European Parliament is dodging the issue”

SUEPO, the trade union of the European Patent and Trademark Office, has contacted a number of national parliaments: The Netherlands, Luxemburg, and the European Parliament.

This was done in an anonymous and personal way, under the essential precondition that the identity of the persons concerned be kept secret so as not to be thrown out of their jobs. They simply provided the information needed for the parliamentarians to investigate and pursue the matter with the European Commission. The reaction by the European Commissioners and the politicians, however, has been entirely passive, dodging the issue on the pretext that the EPO is an independent international organization. “It is not part of the European Union, and they have no authority over it. They do have political authority, but they’re doing nothing”, according to union members.

“Battistelli makes the rules, he’s the judge and jury. He ought to be at least supervised by the Member States”, union sources insist. “But nothing is supervised, not the money or the power. The EPO does not receive money from the Member States; on the contrary, they reap a lot of benefit from it”, as the sources confirm.

“We have no legal recourse when it comes to labour relations”

All the employees, regardless of whether they are part of the union or not, take the same view. “We don’t have any legal recourse for labour issues, because the judge is the President”. They are in an indefensible situation; they cannot defend their fundamental rights if they cannot change the rules, and Battistelli makes the rules.

The only way they can exert any pressure is by way of the International Labour Organization (ILO), but with the difficulty that they cannot pursue claims as a union, but only as individuals. "Action by a union is vetoed. The EPO is not obliged to change the rules because the claim has to be from an individual, and only affecting that individual", they maintain.

A law firm in Madrid has been contacted to pursue the issue. “By way of a media campaign, contact with the CCOO and UGT unions so as to access to the European Trade Union Confederation, contact with parliamentary groups, and with the representative of the Spanish Government, Patricia García Escudero, we are aiming to reopen negotiations, as well as pursuing legal recourse in Spain, despite the immunity”, is the view taken by one of the attorneys handling the case.


In the coming days we are going to look deeper into how the EPO stepped out of rationality, choosing to police people by force and intimidation.

Recent Techrights' Posts

Apple is the Company of Dictators and Worse
Apple is just another greedy corporation in search of sweatshops and even pedophiles (especially the high-profile ones)
Counting Unhatched Eggs Is Not Counting Chickens
Everything here will persist as normal
The "Infinite Bread"
The biblical story of Jesus feeding the 5,000 has software parallels
In Many Cases and in Many Different Ways, Technology Became Less Durable and Less Reliable Over Time
The "modern" things are more complex. And complexity is a foe or reliability and repair-ability.
Microsoft's LinkedIn is Losing Money, Traffic, and Hope; Now It Wants to Sell Its Users' Lifeblood (and Data)
Let this be a reminder of what social control media really is about
Microsoft Lunduke: Freedom of Speech Means Spreading What I Have to Say and Banning People I Disagree With
4Chan is one he aims for and he is siccing 4Chan trolls at people he doesn't like
Richard Stallman Back at the "Rudolf-Diesel" Hörsal "MW 2001" in About 40 Hours
He spoke there before; there's a very high seating capacity there
 
They Should Have Listened to Techrights Over a Month Earlier (Xubuntu Site Compromised)
we reported this issue about 40 days earlier and nobody did anything about it
Richard Stallman to Give Another Talk Today in Bavaria (Bavarian Academy of Science)
Tomorrow at 6 PM he speaks in Munich
Barry Kauler Explains That Puppy Linux and EasyOS Exclude Systemd to Keep Things Simple
Barry Kauler's Puppy Linux is in the community's hands. He now focuses on EasyOS and more.
Half a Year After Brian Fagioli Got Kicked Out of BetaNews for Slop He's Still Doing LLM Slop and Slop Images Targeting 'Linux' (Plagiarising Original Works)
If the Web gets polluted or flooded by slopfarms such as these, and Slashdot then sends traffic so these slopfarms (Slashdot probably doesn't do this intentionally), then real writers with real knowledge of GNU/Linux will lose the spark for publishing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 19, 2025
IRC logs for Sunday, October 19, 2025
Campaign of FUD Against Framework Laptops and GNU/Linux (Using Microsoft's Attack on Linux, 'Secure Boot')
Ritual Defamation Cult has turned its attention over to Framework
Liberation From 'The Feed'
They rank things based on the editor's choice/ideology (he or she knows the sponsors, hence the masters)
Microsoft's Killing of Vista 10 Seems to Have Resulted in More Articles About GNU/Linux (But Also FUD)
We not only saw a rise in traffic, we also saw a remarkable rise in the number of articles
Today (a Day Before Richard Stallman Talk at TUM) There's a Patent Propaganda Event at TUM
Perhaps an opportunity for Dr. Stallman to rebut this "invention to patent" nonsense/fantasy (conflating monopolies with innovation)
OpenSource or "Open Source" as a Brand is Dying, Let's Get Back to Talking About Software Freedom
Those of us who actually want to reform the industry and put users in control of their systems/devices will recognise that "Open Source" was selling a lie or got-co-opted by liars
19 Years in Numbers: Techrights' Anniversary Countdown and Retrospective
In 2019 we began improving our workflows and, accordingly/predictably, we became a lot more productive
Slop Turns People Off (LLMs Lack Intelligence, They're Just Plagiarism Powerhouses That Fail to Deliver Any Real, Measurable Value)
"More" (or "MOAR") isn't always better
IBM Red Hat Has Re-calibrated or Adjusted to Bubble Economics, False Promises, and Slop/Plagiarism
This won't end well
Fake Numbers, Fake Claims, Fake Economy, and Media Grifters That Prop Up Fraud
Grifters like The Register MS won't be looked upon kindly after the bubble implodes
For Some, the GNU Web Site is Not Accessible This Week
They seem to have gone into some kind of lock-down mode
Symptoms of Upcoming Microsoft Layoffs in XBox
A crashing franchise
Psychiatrist confession: Germanwings crash & Debian toxic culture recognized before suicides
Reprinted with permission from Daniel Pocock
Gemini Links 19/10/2025: Scentjacking 101, Slop Hype Boosters, and Steam Next Fest
Links for the day
Slopwatch: The Serial Slopper, LinuxSecurity, and Google News
Let's hope slopfarms die as soon as possible
Links 19/10/2025: Cambodia Scam Centres, Slop Hurting Wikipedia Traffic
Links for the day
As Economies Crumble Free as in Beer Will Matter, Not Just Free as in Freedom/Libre (Libertad)
French regions choosing to embrace Software Freedom
25 Years Ago, an Explanation of How Reducing Free Software to 'Apps' Would Interfere With Freedom Goals
there's nothing unreasonable about it
A List of 63 Known Gemini Clients (Software to Browse Geminispace Content With Gemini Protocol)
Not counting browser plugins for Web browsers
Gemini Links 19/10/2025: "Firma Odin Is Transforming" and Bot Attacks While "AFK"
Links for the day
US Government: 6.1% of Site Visitors Use GNU/Linux
GNU/Linux has a considerable share and it is growing
LLM Slop Could Not Rise to Prominence Without Media Complicity and Artificial Hype
Inane garbage disguised as "journalism"
Why the FSF No Longer Recommends Debian, as Explained by Richard Stallman This Month
some weeks ago
All the Latest Half Dozen Articles by Mehedi Hasan (UbuntuPIT) Only Admit at the End That He's Using LLM Slop
Disclosure is OK, but the practice of using slop is not
The 'Modern' Web of Fake Security and Easy Censorship of Whole Domains
Each year it gets worse
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 18, 2025
IRC logs for Saturday, October 18, 2025
The Term "AI" is Not New and What Today's Media Calls "AI" Isn't Even AI
Only the hype was new... and totally artificial
Gemini Links 18/10/2025: "Planetary Rings", Steam, and PSU Replacement
Links for the day
Defeating LLM Abuse (State-of-the-Art Plagiarism) in the Area of Linux and GNU, Free Software, BSD, Security and So On
The aim is to get them to stop using LLMs to rip off other people's work
Links 18/10/2025: Russell Vought in Charge, US Government Leans to Russia Again
Links for the day
Credit Where It's Due: LinuxConfig.org Quit Doing LLM Slop, Back to Original and Real Articles
We waited for a while to say this, now it seems conclusive
Of Note: UbuntuPIT Aware of Critics of Slop, Adds Disclosure of Use of LLMs
We appreciate the honesty
Links 18/10/2025: Madagascar's President Flees and ICE Arrests Protest Comedian Robby Roadsteamer
Links for the day
Richard Stallman Near the European Patent Office (EPO) in 3 Days From Now
It'll be a good opportunity for patent examiners to listen, ask questions, and maybe greet him in person
From Scholar to Booster of Slop (and Even Slop in His Own Blog)
We're going to keep an eye on future posts of his
End of Vista 10 Also Good News for the BSDs
There are many news sites that recommend trying GNU/Linux this month
What's Wrong With Liking Parrots or Birds as Pets?
They'd demonise people for speaking about freedom, no matter what they say or do
Digital Sanitation Good Practices
leave behind Microsoftism
10 Days Ago Richard Stallman Gave a Long Interview in French (linuxfr.org)
English translation
Science, Not Fast Food/Junk Food
The commercial exploitation of users won't stop until users exercise full control over their software or - more broadly - their computing (including data)
The Free Software Foundation, Which Has Appointed a 43-Year-Old President, is Looking to Add Another Board Member (or Treasurer)
expect the FSF to add more people
Richard Stallman Confirms Next Week's Talk at Technical University of Munich, We Urge EPO Staff to Attend
That's probably late enough for EPO staff to attend after work
Gemini Links 18/10/2025: Notifications and Geminaut
Links for the day
Many Red Hat People Are Leaving, But It'll Be Framed Publicly as Leaving IBM
Similarly, IBM layoffs (or "RAs" as they're called) include Red Hat layoffs
Expect More Waves of Microsoft Layoffs This Month (at Least Two Rounds Confirmed Already)
From what we can gather, assuming the recent rumours about XBox are true, there will be at least 3 waves of Microsoft layoffs this month alone
Security Issues in Cisco and Jenkins Passed Off as "Linux" Problems
Fear, Uncertainty, Doubt (FUD) tactics
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 17, 2025
IRC logs for Friday, October 17, 2025