Bonum Certa Men Certa

Inside the EPO During Corona: Half a Year Ago EPO Management Was a 'Superspreader' of COVID-19 and It Broke the Law Regarding Masks

Related (June): EPO 2020 Vision: Billions for Gambling, No Money for Masks (for Staff's Safety)

Some droplets



Summary: The EPO 'droplets' have been spreading due to misguided, unscientific (some might say anti-scientific) EPO management; staff was pressured to come back to office premises and there were clear labour as well as privacy violations, not just Health and Safety violations

THE management of the EPO belittled the crisis. This is no secret. We still routinely see an unmasked António Campinos sitting next to colleagues. They proudly advertise photos of such violations. But just like Benoît Battistelli, Campinos is exempted from the law. Nobody will be arrested at the EPO, but 'bad' judges will be dragged out of their offices if the Office President doesn't like them. If, for example, they speak out about corruption...



EPO maskThis is no joking matter. We've written a great deal about the seriousness of this virus, which is having a 'second go' at Europe and is arguably outpacing the so-called 'First Wave', in some countries more than in others.

"Nobody will be arrested at the EPO, but 'bad' judges will be dragged out of their offices if the Office President doesn't like them."This brings us to today's disclosure of an internal document, composed by actual scientists who actually do work for the Office (not doing Webchats on premises of the Office for lousy, self-promotional photos ops in the EPO's Web site).

Here is what the Central Staff Committee published just under 6 months ago, noting that "the President announces that in the near future Office occupancy will be capped at some low level (20% to 50%) by massively using teleworking. Beyond possible issues with the Contracting States, this de facto constitute an implicit departure from Article 55a(1) ServRegs providing that employees shall normally perform their work on the Office's premises. Consultation in the COHSEC and the GCC is a must."

"In addition," they noted, "you should be aware that the Office has objectively more interest in pushing you into “voluntary” rather than “mandatory” teleworking because it can more easily shift the responsibility and operational risk onto your shoulders, including the risk and consequences of not reaching set objectives."

Here is the full publication in HTML form:

Munich 20.05.2020 sc20086cp

Gradual return to EPO buildings

Dear colleagues,

On 11 May 2020 the President made an announcement informing us of a gradual return to EPO buildings. A few days later a further announcement described which concrete measures would be introduced to ensure a safe return.

We have already published a paper (“Working from home in times of Coronavirus”) which explains some basic principles concerning the relationship between an employer and its employees. As the Office appears to be now entering a new phase of working we think it is now time to revisit these principles.

The Office’s premises

Firstly, the Office is not a workplace like any other, be it a private company or even another International Organisation. It has been established within the framework of the EPC to take over from national patent offices the task of granting European patents, i.e. bundles of national patents, for the Contracting States1. To that effect, the states have decided that those tasks should normally be performed by civil servants on the Office’s premises. The introduction of large-scale teleworking would seem to question the validity of this, all the more so if staff are working in locations outside the host countries. In our view, the Contracting States must discuss any fundamental departure from this basic understanding2.

Article 55a(1) ServRegs3 codifies the above and directly regulates your working conditions. Moreover, it is a safe bet that when you took up your official duties you assumed that you would be predominantly working on the Office’s premises.

Now, the President announces that in the near future Office occupancy will be capped at some low level (20% to 50%). This may be justified with duty of care. However, this does not change anything to the fact that you will be instructed to work predominantly at a location other than the Office's premises. This is a back-door change to your conditions of

_____ 1 See e.g. Articles 2 and 4 EPC 2 See Article 33 EPC (and possibly Article 172 EPC) 3 Article 55a(1) ServRegs: “Permanent employees in active employment shall normally perform their work on the Office's premises.”




employment disguised as a sanitary measure, for which statutory consultation is mandatory4.

To wrap it up, the announced measures de facto constitute an implicit departure from the statutory provision of Article 55a(1) ServRegs. Consultation in the COHSEC and the GCC is a must. Failing this, all negative consequences directly deriving from the changes will be illegal.

We think it is high time now for the President to cease ignoring our repeated requests for involvement and consultation.

“Mandatory” teleworking vs ”voluntary” teleworking

You might have the impression that management has been trying to make you forget that working on Office premises is the default option, for which you do not need any authorisation since the President has never closed them5. Teleworking has been presented as a possibility generously proposed to you on an individual basis. The scheme was probably so widely successful until now for reasons linked to the pandemic surge, e.g. because so many staff members had to stay home to take care of small children or relatives.

The initial attractiveness of the scheme will probably wear out. Staff will feel the need to come more often to the Office and line management will have to make decisions, resorting to issuing “instructions to work from home again” or “strongly urging” their staff to do so.

Until now the Office has consistently blurred the distinction between mandatory and voluntary teleworking, with a clear preference for the latter as it has been announced that “mandatory” teleworking should only apply to three very limited medical indications.

As explained in our first paper, “mandatory” teleworking means that you have been forced, or “strongly urged” to work from home. Because the relationship between the Office and you is based on mutual trust and good faith, you are then expected to take reasonable measures, or make “best efforts”, to try to mitigate the consequences of the order to stay home. Nothing more, nothing less. In particular, the order does not commit you to reaching the objectives set by management.

Conversely, “voluntary” teleworking means that you have still the right to come to the premises. It is convenient for the Office in that it can more easily shift the responsibility and operational risk onto your shoulders, including the risk and consequences of not reaching set objectives. Some directors in DG1 have already instructed their line managers to “hold discussions” with those having a productivity level below that planned

_____ 4 See also Article 55a(2) ServRegs: “The President of the Office may, after consulting the relevant joint committee, establish implementing instructions allowing employees to perform their duties at a location other than the Office's premises.” 5 Of course the President could forbid you to come on its premises, either on an individual basis or on a collective basis. You are then obliged to obey this injunction. In the House Rules: “The right to grant or refuse access to the premises is exercised by the President and those to whom the President has delegated this authority, in particular the site managers and security staff.”




before the pandemic. No doubt that this will also play a role when line management assesses your performance for 2020.

In conclusion, you should be aware that the Office has objectively more interest in pushing you into “voluntary” rather than mandatory teleworking. If you believe that your teleworking is not actually “voluntary”, you must insist on receiving clear written instructions from your line management (e.g. an instruction to work from home or a formal prohibition to access the Office’s premises)6.

Some concrete measures

Most of the announced concrete measures appear reasonable. However, two should be singled out for comment.

- The President has announced that “each staff member is responsible for providing their own mask”. This is petty-minded and illegal, because the employer is legally obliged to provide masks in order to discharge its duty of care. In addition, it also appears reasonable from a hygienic viewpoint to avoid the proliferation in the Office of different masks of uncontrolled provenance and uncertain protective effect. Deciding which type of mask to wear should not be the responsibility of individual staff members.

We therefore recommend that you contact Health & Safety (H&S) to obtain a mask if you need one, as advocated in the announcement. It appears that H&S has been instructed to provide masks only “if you are asked by your line manager to come to work at EPO premises”7. We recall that you are entitled to come to work unless you are on mandatory teleworking.

- The President has announced the completion of a mandatory e-learning course as a precondition for coming to the Office premises. In view of the obvious importance of this module, we suggest that it should be available in all three official languages.

Stay healthy.

The Central Staff Committee

_____ 6 See Article 20(2) ServRegs: 7 Management argues that there is no need for the Office to provide masks, as staff is not forced to come back to the Office!


Changing rules requires consultation with and approval from contracting states and definitely from staff that never consented to such changes. But the EPO is like a monarchy and its management is just making up the rules as it goes along, and we know in whose favour.

As the representatives moreover point out, about failure to provide masks to staff: "This is petty-minded and illegal, because the employer is legally obliged to provide masks in order to discharge its duty of care."

Illegal, but who will hold EPO managers accountable? Nobody.

Nobody was ever held accountable for the EPO's 'suicide wave' and some of those responsible are still in positions of power, still intimidating staff into censorship and self-censorship.

Recent Techrights' Posts

They Don't Tell Us that 'Digitalisation' (Now Sold as "Hey Hi") Just Means Customers Become Unpaid Staff and Are Made Accountable
People are being conditioned to associate technology with something undesirable, at times even unbearable
Amazon Web Services (AWS) Has Layoffs and Microsoft Gaming/Entertainment Division Has an Uncertain Future
it's good to see all those horrible things crashing and burning
 
Global Warming and Global GAFAM Energy-Wasting
Burn more money (borrowed, loans), then hope the waste will somehow translate into profit?
No Compliance With the European Patent Convention (EPC) at the European Patent Office (EPO)
It's about preventing competition against this autocracy
Blue-Collar Trolls vs White-Collar Trolls
Examples of white-collar trolls
Apple Vision Pro Failed So Badly That Its Sales Are About 2,000 Times Smaller Than iPhone Sales
What's left for Apple to offer other than hype?
To Millions of People "Year of the Linux Desktop" Was Some Time in the 1990s (Bootable GNU/Linux as a Complete Operating System is Over 33 in Age)
In some sense, "year of the Linux desktop" was 33 years ago
Make No Assumptions (or Demands) About the Screen Resolution Used by Other People
There are usability aspects, aside from accessibility aspects
Why Wayland (and XWayland) Won't Solve the Key Problem It Proclaims to be Tackling (the Same Is True for Rust)
The problem isn't Wayland per se but the false promises and efforts to force everybody to move to it whilst insulting or demonising everyone who won't play along
Diplomatic Immunity Should Not Exist for Anybody
The EPO in its current form gradually 'normalises' the end of European democracy
Brett Wilson LLP Stopped Sending Me Papers When I Showed It had Sent Me Over 5 Kilograms of Legal Papers
A week ago we lodged our third lawsuit
Microsoft Mass Layoffs and Shutdowns Became the New Normal at Microsoft
Microsoft mass layoffs became a topic of everyday media coverage since May
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 21, 2025
IRC logs for Monday, July 21, 2025
FSF "Raised Almost $139,000 During This Summer Campaign"
"Thank you for making a stand against dystopia!"
Gemini Links 22/07/2025: VPS Exploited and Fear of View
Links for the day
LLM Bots vs Techrights
Slows things down a bit
New Publication Sheds Lights on Abuse of Workers at the European Patent Office (EPO)
Put in simple terms, they're killing the Office, harming remaining staff, try to hire rubber-stampers
Links 21/07/2025: Hardware, Health, and Imperialism
Links for the day
Gemini Links 21/07/2025: "When Buying Isn't Owning" and "CMS Special Edition"
Links for the day
Links 21/07/2025: Indie Web and Toxic Politics
Links for the day
[Meme] Microsoft Lawyers Throwing Stones in Glass Houses
threatened me with bankruptcy
Google "AI Overview" is Not AI and Not Overview
do not be misled; what Google does isn't smart, it's just ripping off the sites it already crawled for as long as 27 years
Making the Case to Dump Microsoft and GAFAM for National and Digital Sovereignty
"Sovereignty is difficult"
The Tactics of the Opposition (Microsoft Lunduke): Associate With K00ks, Throw in Vaccines to Muddy the Water
Who stands to gain from this?
Europe's Second-Largest Institution (EPO) and Largest Patent Monopoly Office Needs More Transparency, Not Less Transparency
In the EPO, what good are elections when one candidate literally bribes all the voters?
How Not to Report News About Microsoft
This pattern of misreporting is so widespread that it's hard to believe it's not intentional
Computer Science is Under Attack, They Want Everyone to be a Consumer
If people can no longer acquire Computer Science education and real Computer Science experience, they will not know how to control their own digital destiny or emancipate the very same universities that now control the syllabus and instead of teaching Computer Science encourage the outsourcing of systems
The Best Tools Are the Simplest Tools
There's a hidden message here about the merits of sticking with X
Ofcom Online Safety Group Speaks of Protecting Women Online, Will Brett Wilson LLP Ever Listen?
They've essentially became like the Taliban's "burka police"
Social Control Media Relies on Advertisers, So It'll Always Be Hostile Towards Free Software
Sales, sales, sales
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 20, 2025
IRC logs for Sunday, July 20, 2025
Fragmentation of Data
Life is too short to "hoard" data
In Defence of "Spinning Rust"
Just because something is "old" (or older) doesn't mean it ought to become extinct
Using Free Software to Prepare Legal Documents
LibreOffice is openly complaining about OOXML as an obstacle
Tech and Technology Are Not the Same Anymore
"Are you into tech, Sir?"
Our Articles About SLAPPs Receive Recognition and Interest
This week we shall continue writing about the 3 lawsuits we filed
Are You Served?
For many people, advocacy of Free software and GPL enforcement are assumed to be happening
Conspiracy or grooming? Alex Jurado, Voice of Reason compared to Outreachy
Reprinted with permission from Daniel Pocock
Links 20/07/2025: Security Breaches and Former 'Open' 'AI' Engineer on Hype and Culture Issues
Links for the day
Links 20/07/2025: Fending Off BRICS and US Government Attacks Its Own Media (Like China and Russia)
Links for the day
Framed by social control media: Alex Belfield, Voice of Reason
Reprinted with permission from Daniel Pocock
Gemini Links 20/07/2025: Summertime and OCC25 Wrap-up
Links for the day
Jamie Zawinski Complained About Wayland, Then Decided to Give It a Go, Now Complains Again About Wayland
Ask IBM (Red Hat) why it's worth throwing so much away just for Wayland fanaticism
Slopwatch: Planet Ubuntu, LinuxSecurity, and More
former "Linux" blogs which basically became slopfarms
Russia Set to Ban Facebook?
If WhatsApp is made to "leave", that means Facebook or "Meta".
Links 20/07/2025: More GAFAM Lawsuits, Layoffs, and SLAPPs
Links for the day
Taking Stock of a Good and Productive Week
We shall now be taking a break, unpacking the new hard drive (8 TB), and making backups of everything
Nice Recovery (From Actual Fire) by PCLinuxOS, New Version of PCLinuxOS Released, Now Top of DistoWatch
PCLinuxOS is a community-driven distro
More Microsoft Shutdowns That Mostly Slipped Under the Radar
Remember what happened to books 'sold' by Microsoft?
Microsoft Lunduke Still Fighting Cancel Culture With... Cancel Culture
There will be no "winners" in such 'debates'
The History of Daily Links and Politics
"I support Wayland, but I also support abortion..."
Ageism in Tech
Your protocol is "old"...
Microsoft is at 0% "Market Share" in Most Areas
Depending on the taxonomy chosen, there may be dozens of categories other than desktops and laptops
"The moment MSFT stock fails to start tumbling, that’s the beginning of another corporate giant going under."
There are far more layoffs at Microsoft than at Intel, but you would not get this impression based on Wall Street media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 19, 2025
IRC logs for Saturday, July 19, 2025