Bonum Certa Men Certa

EPO Staff Union: 'New' Team Campinos Practice “Reminds Us Strongly of the Battistelli Times.”



Campinos TurkeySummary: "The fact that top management does not seem to care to be seen publishing such an unlawful "guidance" tells volume about the interest for (and the respect of) the rule of law in management circles," SUEPO notes

The Staff Union of the European Patent Office (EPO), often known as "SUEPO" for short, has just released a new document. Bearing in mind that António Campinos has not actually tackled any of the issues and is in fact promoting European software patents more than Battistelli did (even if European courts reject these), the following is noteworthy and an insider (Märpel) blogged it in full, noting it was circulated in private the day eDossier died (context in [1, 2]):



"Rat race 3.0" Part I: Staff Reporting in the New Career System (NCS) – Total mayhem Dear SUEPO Members, dear Colleagues,



Background

In September 2018 Mr Campinos dismissed an examiner colleague for alleged professional incompetence. He did so even though the CSC had drawn his attention to the unlawfulness of any procedure based on Art. 52 ServRegs (dealing with professional incompetence) until and unless implementing rules to Art. 52 are defined. The CSC could not support the implementing rules proposed by management in the GCC-meeting of 18 December because they were lacking clarity and sufficient safeguards for staff.

With no implementing rules to Art. 52 in place, management now follows an alleged "existing practice", implying that EPO employees can be brought before the "Joint Committee on Art. 52 & 53" after three consecutive years with a very poor assessment of their overall performance (at level "8" in the appraisal report). This opens the perspective to subsequent dismissal by the President. We are convinced that any decision to dismiss a colleague under such undefined "practice" would be illegal, as it cannot replace the missing implementing rules. Unfortunately, such consideration will not deter management from firing anyone, as already demonstrated by Mr Campinos' September decision.

Fear policy

Some colleagues have already been informed by their Reporting Officer (RO) that their overall 2018 performance is likely to be rated at "far below the expected level". In the managers' interpretation this puts or keeps the staff member on the track leading to possible dismissal for incompetence. Clearly procedures for dismissing staff for incompetence are not meant to be used only in truly exceptional cases. Threatening with professional incompetence procedures is becoming an HR tool for implementation of EPO policy. The intention seems to be to get everyone working harder or quicker for fear of dismissal. Such management methods are toxic and dangerous. They have already been tested elsewhere, e.g. in France Telecom 10 years ago, with a disastrous effect on staff's health and a wave of work related suicides.

Removing the overall box marking...

Together with the New Career System (NCS) management introduced new rules for staff reporting, i.e. Circular No. 366 (C366) "General Guidelines on Performance Management". The first version of C366 entered in force on 1 January 2015 and was applied for three years until the end of 2017. At that time C366 was totally revamped and replaced as from 1 January 2018 by the present "Guidelines on performance management". They were in force in 2018 and remain in force in 2019.

For the first time in the EPO's reporting-history the current C366 was introduced without a template for the appraisal report . Only when accessing the online tool SuccessFactors after the 2018 reporting exercise was closed did staff discover the exact structure and layout of their 2018 appraisal report. This clearly puts the EPO at the forefront of chaotic HR practices in international organisations...

But there is more. Current C366 does not foresee any box marking for the overall assessment of EPO staff. As a matter of fact current C366 was drafted with the clear intention to remove any box marking for the overall assessment, as stated in the introduction paper accompanying new C366 when it was put on the agenda of the GCC in November 2017: "new performance management approach articulates around 3 main pillars", one of them being "the absence of an overall box marking to put the emphasis on qualitative feedback"; "the overall performance is assessed in a qualitative manner and the 8 point scale box marking is removed".

Why did the Battistelli administration introduce this change in C366? From 2015 to 2017 the Office had already been successful in de facto uncoupling staff reporting from career progression (step increase/promotion). By amending C366 management further emptied the appraisal report of its substance. We suspect that the "cunning plan" was to definitely discourage staff from challenging appraisal reports. Why investing time in challenging an appraisal report which has become useless for career progression?

However, during discussions at the end of 2018 between HR and the Staff Representation about professional incompetence, it appeared that HR had realised that an overall box marking could be useful after all, however not for rewarding staff. Their concern was the situation of colleagues already in the "incompetence pipeline", e.g. with two consecutive appraisal reports over 2016 and 2017 with an overall assessment marked "8". Would the absence of an overall box marking in 2018 let them off the hook? Management did not seem to be at all happy about that.

For an amended version of C366 to enter in force on 1 January 2019 it was put on the agenda of the GCC meeting of 18 December 2018. This proposed C366 was reintroducing an overall box marking with only 4 levels to be applied with retroactive effect to the 2018 appraisal reports. The President finally withdrew this amended C366, as already reported by the CSC (see sc19002cp), which therefore never entered in force. It follows that, in accordance with current C366, there cannot be an overall box marking in appraisal reports over 2018, whether on an 8 or a 4-points scale. The overall assessment over 2018 must remain strictly qualitative.

But this is not the end of the story. After having failed to re-introduce lawfully the overall box marking for 2018 (on a 4-points scale instead of 8), management is now implementing it through the back door. The most visible example of this move is the new DG1 "Guidance to performance assessment 2018" circulated by VP1 Office to all DG1 managers on 15 February 2019 and officially published on the Intranet and signed by Mr Rowan, VP1, a few days later.

Surprise, surprise - this "Guidance to performance assessment 2018" asks DG1 managers to conclude their overall assessment of staff's performance by using one of the following expressions:

  • above the expected level 
at the expected level 
below the expected level 
far below the expected level


  • This is a 4-points scale of the overall assessment in all but name . It has no legal value since the retroactive DG1 guidance contravenes C366 in force for 2018, both in letter and spirit . The fact that top management does not seem to care to be seen publishing such an unlawful "guidance" tells volume about the interest for (and the respect of) the rule of law in management circles. This reminds us strongly of the Battistelli times.


The introduction of a 4-points scale overall box marking is not only illegal, it increases the risk of being assessed at "below" or even "far below", since finer assessment over an 8-points scale (as in 2016 and 2017) is no longer possible. In view of the possible very negative consequences of an overall "(far) below" assessment, we advise to challenge your 2018 appraisal report if it contains either the expression "below the expected level" or "far below the expected level". Not doing so would mean that you de facto acknowledge that your 2018 performance was indeed below the expected level . This would weaken your legal position should a procedure for professional incompetence be started later on. In any event we strongly recommend challenging any 2018 appraisal report mentioning "far below the expected level".

In the current EPO environment, we can only recommend that you protect yourself against any (ab)use of the reporting system.

Your SUEPO Committee The Hague


Considering this recent SUEPO publication, it does not look like anyone will be held accountable for massive losses. The rule of law continues to be absent at the Office.

Recent Techrights' Posts

Omarchy is Already Dying
Same as the life cycle of slopfarms
Slop's Achilles Heel: It Increases the Workload, Not Just Costs
Set aside its inability to scale well
Improving techrights.org
Technical debt (like 17 years with WordPress) is something that's better to address early, not later
 
SLAPP Censorship - Part 154 Out of 200: Computer-Generated Legal Filings From Men Who Are Salaried by Mass Plagiarism Companies in Another Continent (America)
This isn't the behaviour of a moral person but of some sort of "crypto bro" or "slop bro"
Fired by IBM for Medical Leave, Rampant Censorship of IBM Critics Explained
We've already caught and showed many cases where thelayoff.com deleted comments that were not even remotely racist
Links 19/08/2026: First Amendment Under Fire by White House of Cards, "Universities Were Forced to Pay Up" for Not Censoring
Links for the day
Gemini Links 19/08/2026: What Friendship Means, Sm0lNet/SmolNet, and New Feeds
Links for the day
No, WSL (Windows With Fake 'Linux') Isn't Growing Faster Than Ubuntu, This Was Disinformation Spread by a Microsoft Propaganda Site, Then Spread by Slopfarms
Be sceptical; Microsoft is truly desperate for anti-Linux spin right now, seeing that Windows is in a freefall
Microsoft's Mass Layoffs Impact the Ability to Run Microsoft
Can Microsoft still run Microsoft?
Microsoft's Active Directory ("AD") and "Entra" Are National Security Threats
Even the US government concluded Microsoft could not be trusted for security; it issued a formal report about it in April 2024
Instant Impact: GNU/Linux Skyrockets to 10% in China Days After Policy Changes
Let's see what the 'aftermath' looks like by year's end
Links 19/08/2026: Timothy James King (AmigaDOS) Dies, GitHub Goes Offline, Finland Wants to Shun Social Control Media
Links for the day
Mass Layoffs at Dropbox, Blame the Debt, Not Slop Hype
The debt of Dropbox Inc., which isn't an imaginary (estimated) thing, is over 4 billion dollars
Microsoft is 'Angel of Death' to Developers (Even Its Own), 'Voluntary' Layoffs Happening Again
From what we are hearing and reading, there are 'voluntary' layoffs again
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 18, 2026
IRC logs for Tuesday, August 18, 2026
Gemini Links 19/08/2026: Shirts, Handwriting, and Fights in Geminispace
Links for the day
Laos Leaving GAFAM Behind, Gradually
Yesterday evening it was measured at 10% for GNU/Linux at one point
They Were Wrong All Along
Two women combined won't deliver a healthy baby in just 4.5 months
A "Tech Journalist" Would Not Cover Vote on LLMs as a Sex Issue
For a moment there you have to pause and wonder, is this a "Tech Journalist" or the Daily Stormer?
20,000 by Year's End
The "New Techrights" will have 20,000 pages by year's end
Last Night GNU/Linux Measured at 9% in Africa
Nighttimes in Africa are times when GNU/Linux usage on desktop/laptop devices typically surges, based on Clownflare [...] It changes in favour of GNU/Linux
Gemini Links 18/08/2026: Google Bait and Switch (Getting College People 'Hooked' on 'Cheap' Storage, Then Backups Gone), a "Question of E-mail"
Links for the day
Bluesky is in Trouble
Bluesky is a private company (unlike Bluesky Digital Assets Corp. in Toronto, that one runs a pyramid scheme!), so it's hard to know for sure just how much money it is losing
China Says Goodbye to Microsoft
It is hardly surprising that Windows is shedding off userbase all around the world
Links 18/08/2026: US Abandons South Korea, New Legal Disputes Over Slop Plagiarism in the Music Scene
Links for the day
Linux Losing Interest in Users' Freedom, Pursues DRM Instead
"Linux" is (or was, as GNU/Linux) meant to empower - not artificially restrict - the users
GNU/Linux in Ecuador and Colombia: Growing, Still Below International Average
locals turn away from Windows and try GNU/Linux instead
IBM is Dead or Dying. Now It Asks Workers to 'Resign' Voluntarily.
To save face, to pretend no layoffs are happening (as it might alarm shareholders) [...] We keep hearing more and more stories like that
Links 18/08/2026: Sergey Brin Controlling State Policies, "Dario Amodei's (Anthropic) Wife Is Closely Linked to Jeffrey Epstein"
Links for the day
SBS News Interviews Daniel Pocock
The locals say this PR stunt (by the bigot, Farage) was a waste of money
Clownflare Sees One in 7 Web Requests in Libya Originating From GNU/Linux
GNU/Linux has taken a (foot)hold there
Openwashing and Manifestos Composed in Private by Dictators With Deliberately Addictive (and Subsidised, Bundled) 'Tech'
It's long, so make a cuppa first
SLAPP Censorship - Part 153 Out of 200: Decades of Debt, Weaponising Borrowed Money to Try to Put Their Critics in Debt
they've always had a financial report by now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 17, 2026
IRC logs for Monday, August 17, 2026
Gemini Links 18/08/2026: Solar Power, Kipple and Impermanence, Catastrophe Ethics
Links for the day
Evri (HermesUK) is Now Run by Bots and Hallucinating Scammers
Years ago they virtually removed support and tried chatbots instead
Less Technology, More Life
Technology is being associated (sometimes rightly) with physical and mental problems
Google Search Has Gotten Worse (a Lot Worse)
getting worse
Birthday in 80 Days
we'll start decorating and party online with our community
Loans and Massive Debt at Microsoft, This Won't End Well.
Microsoft running out of money to pay salaries (to the point of paying people for 'voluntary' layoffs) is a positive sign?
Gemini Links 17/08/2026: Life in Plain Text, Mimicking KARL, Release of Jugulans, Avoiding Slop
Links for the day
Clown Storage Without Backups
Setting up several reliable copies of the data, plus several off-site backups (this data is nowhere as sensitive as medical data), should only cost a few grand
FreeCAD is Becoming Slop-ware, Use LibreCAD Instead
It has regular releases and "Qt5 is mandatory" now [...] they at least audit what they add
Cuba and Venezuela High in Adoption of GNU/Linux
some of the "communist" nations
Links 17/08/2026: Myanmar’s Cholera Outbreak, China Sends Commercial Vessels Through Arctic
Links for the day
GAFAM Loyalty Has Come to an End, Morale Low, People Whose Future is Uncertain Choose to Become "Lifers"
morale is low and there's no loyalty anymore
SLAPP Censorship - Part 152 Out of 200: Injunctions Do Not Cover Criticism, They Have Scope
self-incriminating communications
Clownflare Sees About Quarter of Web Requests in Ireland Coming From GNU/Linux
Well, in Ireland it seems like many people adopted GNU/Linux
Clownflare: In Australia and New Zealand GNU/Linux Peaks at Over 10% During Working Hours
That right there is interesting in its own right
Slowing Down by Intention
At the moment we have 6 or 7 ongoing series
Gemini Links 17/08/2026: Chamboree, Partial Solar Eclipse, Lady Macbeth
Links for the day
Links 17/08/2026: "Bluesky Is Down Again!" and "Anti-Social Media"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 16, 2026
IRC logs for Sunday, August 16, 2026