Bonum Certa Men Certa

Newly-Released Badinter Report Shows That by Treating Staff Like Garbage the European Patent Office is Violating Fundamental Rights

The European Patent Office (EPO) cannot pretend to be law-abiding or deserving any respect anymore

Badinter report



Summary: “Related to EPO,” a source told us, crushing of fundamental rights now deemed a serious offense, based on a new report from France

"Here is a link to a recent publication in the French newspaper "Le Monde" which is of a big interest in the present context. It is all about a report that the French government ordered to the former Minister of Justice, Mr Robert Badinter. I haven't read Badinter's report yet but I was appealed by the title: €« Le respect des droits fondamentaux, première exigence du droit du travail €» which translates approximately into "The respect of fundamental rights, first requirement of labour law".



"I could summarise the situation by stating tat Dr. Elisabeth Hardon and Mr. Robert Badinter are both fighting for "fundamental rights" with respect to labour law.

"Here is another link on the same subject. The more I dig on this subject, the more it is relevant to the EPO. Last but not least: the Badinter report [PDF].

"Here is the translation of the text [...] It is amazing: Mr Robert Badinter should really talk to Benoit Battistelli to teach him good habits."

Labour law: the Badinter report defines a foundation of fundamentals



January the 25th, 2016

The report of the committee chaired by Robert Badinter defining the fundamental principles that must be established in labour legislation was handed over to the Prime Minister on January 25th, 2016. For the committee, the first requirement of labour law is "to ensure working woman and man, employees and all those who participate in wealth creation process in a company, the respect for their fundamental rights, including their dignity. "

The report defines 61 basic principles of labour law in eight main areas:

Freedom and rights at work. "Fundamental freedoms and human rights are guaranteed in any working relationship." Among the stated principles are equality between men and women, racism, respect for privacy, prohibition of harassment, etc.

Training, implementation and termination of the employment contract. "The employment contract of indefinite duration." Are also defined: the freedom of choice of the professional activity, maternity rights, the right to extended vocational training, the need for real and serious grounds for dismissal, etc. Remuneration. "All employees are entitled to a remuneration ensuring decent living conditions. A minimum wage is set by law."

Work time. "The normal working hours are fixed by law." The report states that any transgression of the legal working hours entitles to a compensation. The principle remains the established weekly rest on Sunday, derogations may be authorized by law. Also part of the essential rights: the daily rest, supervision of night work, paid holidays.

Health and security at work. "The employer must ensure the safety and protect the health of employees in all areas related to work." The report recognizes the right of withdrawal for employees who consider themselves in situations that present a serious and imminent danger. Employees need access to a independent occupational health service.

Freedoms and collective rights. The report postulates freedom of organisation and freedom for employees to join the union of their choice. He recalls the right of every employee to defend its interests by strike. The exercise of the right to strike may justify neither dismissal nor a sanction.

Collective bargaining and social dialogue. "Any labour law reform project is subject to prior consultation with the social partners."

Administrative control and dispute resolution. "Labour inspection supervises the application of labor law under conditions protecting its members from undue external pressure." Work-related disputes are brought before a specialized court, the employees cannot be punished for bringing the matter to court or for testifying.

The minister responsible for labour is expected to present in early March, a bill to reform the labor law. The principles set out by the Badinter Committee could be the preamble.

Keywords: Work, labour



The EPO is not only mistreating staff representatives, whom it is constantly trying to crush. Just recall how the EPO management (mis)treats the sick workers.

IP Kat comments got derailed by one single commenter (maybe another pro-EPO troll), repeatedly portraying EPO staff that’s protesting as spoiled and selfish, echoing the common PR tactic that we found coming out of EPO management every time mainstream media covered these issues. As we can safely skip much of that (the provocation and comments feeding the provocateur) -- because it would be unwise and counterproductive to do rebuttals again -- let's look at what new information we can find in the comments. Right now, for instance, among the latest comments (not all) we have what could be related to the upcoming strike:

sick people will declared "not sick"; interesting question : if somebody "not sick" causes an accident (e.g. falls down an escalator) and injures/kills somebody else, because of the prescribed medication he had to take, will BB take the blame ? will the EPO pay the damages?


One response to that says:

The history of labour disputes is full of examples, such as the "blue flu", of non-cooperation of labour with management. But such history is all irrelevant to life inside the EPO, unless it concerns a labour dispute in a land where there are no courts. A land in which there is just a President who is investigator, prosecutor, judge, court of appeal and the sentencing authority, all rolled into one malevolent all-powerful being, an alien entity who looks down on his subjects from a satellite orbiting above them.

Recall the example of Admiral Byng, the British Admiral who in the 18th century was executed on his own quarter deck, in front of all the officers of the Fleet. Did he forfeit his pension rights? No doubt he did too!

Why did the Naval Authority do that to him? Why "pour encouragez les autres" of course. BB probably knows the story and has learnt something from it.

Now who at the EPO volunteers to be the next Admiral Byng?


Regarding that Admiral, another person wrote:



BB may have read his Voltaire. But perhaps he should also have studied Blyng's epitaph:

To the perpetual Disgrace of PUBLICK JUSTICE The Honble. JOHN BYNG Esqr Admiral of the Blue Fell a MARTYR to POLITICAL PERSECUTION March 14th in the year 1757 when BRAVERY and LOYALTY were Insufficient Securities For the Life and Honour of a NAVAL OFFICER


Alluding to the "Pompidou/Brimelow era", one person wrote:

To answer the question about the applicable health and safety law: The applicable law is that of the host state, see article 16 (I think) of the PPI which imposes on the EPO the duty to co-operate with the host authorities for the observance of this law. However, the EPO has consistently defied this provision, not just in the notorious case of the suicide on office premises, but also earlier in The Hague, when the Dutch Labour Inspectorate sent a letter politely requesting a discussion as to how such co-operation could be arranged, only to be firmly rebuffed.

After a long series of negotiations between the Staff Committee and the management a comprehensive health policy for the EPO was agreed, which among other things, looked at the applicable legal framework. Part of the agreement was that the President would ask the AC for permission to co-operate with the national authorities as laid down in the PP, not that any such permission was needed. The request was never made, despite many reminders from the Staff Committee.

It may interest readers to know that the health policy also adopted a comprehensive health policy based on best practice which included the prevention of occupational illness, reintegration of sick staff, fair provisions for the verification of sick leave, the settlement of disputes by a panel of three doctors, the confidentiality of medical information, etc., etc. All this took place in the Pompidou/Brimelow era and the policy was patchily applied, due to management hostility. Nevertheless, it covered every aspect of the subject, and contained a provision for periodic review, which could have been used to remedy any defects found in practice. It was a model of a negotiated approach to a thorny problem in which both sides strove to solve each others problems.

Of course, all this was all immediately swept away by Battistelli. Occupational disease no longer exists, nor does confidentiality of medical information. The head of the health department is now a lay person, who reads confidential medical files. Battistelli or one of his minions will decide if you are sick or well, over-ruling qualified medical advice, and will decide on arbitrary grounds if and how much sick pay you receive. If you have a long-term illness you will face a form of house arrest for up to 10 years, before you may be allowed to return to your home country.

The speed and ferocity with which the health policy was dismantled shows just how much BB knew he had to fear from its correct application.


To repeat the above, "Battistelli or one of his minions will decide if you are sick or well" (which in itself is absurd). Is this how the EPO treats highly-qualified patent examiners? If so, what does that say about the EPO in relation to the Badinter Report?

Recent Techrights' Posts

Microsoft OSI Uses Its Money to Hire PR Agencies That Spy and Spread Mindless Openwashing of GPL-Violating Microsoft Ploy
`We're under attack. But the attackers smile at us and hire PR firms to spy, mislead etc.
In Nigeria, Africa's (by Far) Largest Population, Microsoft Bing is the 0%
To Microsoft, Africa is just "someplace" to get intensive, hard-working human 'resources' (tech labour) at 2 dollars 'apiece' as in per person per hour
 
Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
[Video] Richard Stallman, "I Saw You Playing Your Recorder in Paris" (Due to Proprietary Software Only)
Corporate autocrats do not want counterparts or alternatives to even exist
Five Years After the Extensive Campaign of Defamation Against Richard Stallman He's Still Giving Public Talks
"Richard Stallman will give a talk, in French, Free Software and Freedom in a Digital Society at Centrale Supelec in Saclay, on May 15."
Microsoft Is Rebranding Its 'Chatbot' Search for the Third Time Because It Fails to Gain Adoption
it always means that something has failed - not that they'll openly admit it
Richard Stallman Gives a Talk in Paris Next Week (in French) and It's About Freedom
another talk, which he has only just announced
Pace Up, Distractions Down
We've made our curation process faster and more efficient
In Algeria, GNU/Linux Estimated to Have Grown Tenfold in a Decade
a sharp rise in GNU/Linux usage
[Meme] Red Hat Diversity
Red Hat: don't mention Haghighi
Our Sister Site Turns 20 in Exactly One Month
twentieth anniversary of the site
Corporate Media Focuses on Who's Suing Red Hat, Not What It's Sued For
The unfortunate thing is, anybody who has an opinion on this lawsuit will inevitably be framed as "pro-Trump" or "anti-Trump"
Links 10/05/2024: Many More Microsoft Layoffs on the Way
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 09, 2024
IRC logs for Thursday, May 09, 2024
Gemini Links 10/05/2024: geminispace.info to Shut Down in 3 Weeks
Links for the day
Links 09/05/2024: Journalists in Detention, China Banning Songs or Anthems
Links for the day
Support for harassment and abuse victims
Reprinted with permission from Daniel Pocock
Gemini Links 09/05/2024: Being Sick Enough and End of “World of Ends“
Links for the day
Links 09/05/2024: 'Hey Hi' (AI) Bubble Implodes Some More, Microsoft Layoffs So Widespread It's Hard to Keep Track
Links for the day
Speaking of Enshittification and Freedom, We've Still Not Begun Tackling the UEFI 'Secure' Boot Mess (Preventing GNU/Linux From Even Booting!)
Microsoft continues to fly under the radar and commit competition crimes with impunity
Microsoft Has Just Confirmed Mass Layoffs in Nigeria, It Now Adds Insult to Injury With Price Hikes for Locals
It's not like Microsoft paid them good salaries
Software Enshittification or Freedom? It's not a hard choice!
Reprinted from Alexandre Oliva
Links 09/05/2024: More Microsoft Layoffs on the Way
Links for the day
Amid Microsoft Layoffs in Nigeria GNU/Linux Climbs Above 6% Market Share (Not Including ChromeOS)
Hundreds are being laid off by Microsoft in Nigeria, based on yesterday's reports
[Meme] Blame the Robots or the 'Hey Hi' (AI), It Always Works in Today's Media
Companies do not have financial troubles! They have "efficiencies"...
News Reports Say Many More Microsoft Layoffs on the Way, Rumours Say Red Hat Also Imminently a Target
Microsoft is slipping out of control
Links 09/05/2024: Diplomacy Efforts With China, AstraZeneca Stops Experimenting With COVID-19 Vaccines
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 08, 2024
IRC logs for Wednesday, May 08, 2024
Gemini Links 09/05/2024: Registered Computer Professionals and TLS (The Long Slog)
Links for the day
Links 08/05/2024: Android Malware and "AI" Hype
Links for the day
[Meme] Technical Committee With People Who Are Not Technical
the computing/computer industry being occupied by people who lack suitable background
The Demise of Computer Science Education
Education is essential for the future; without it, whole nations will perish
[Video] Prisons for the Minds and for Tech Workers
Today's video talks about what happens to workforces (across disciplines) in recent years
[Meme] Struggling to Leave Its Nazi Past Behind
digital arson
Microsoft Declines to Talk About How Many People It Has Just Laid Off
Hours ago in IGN: "Microsoft did not say how many staff will lose their jobs, but significant layoffs are inevitable. IGN has asked Bethesda for comment. Microsoft declined to expand further when contacted by IGN."
Microsoft Windows in South America: From 99% to 87%
the latest from statCounter
It's Rather Obvious Why They Try to Silence Richard Stallman, Eben Moglen, and Daniel Pocock
Some of them already sent physically menacing messages to Daniel Pocock
IRC Network of Techrights Turns 3 (or 16 if We Count the Freenode Days)
In a few months IRC turns 36
Sedating Oneself (and Shareholders) With Fuzzy Buzzwords and Pointless Acquisitions
IBM trying to buy time
Clickfraud Spamnil Ran Out of Clickfraud Budget, Apparently
sooner or later charlatans and frauds run out of steam
Techrights Gets Under the Skin of Bad, Corrupt, Immoral People (That's a Good Thing)
Journalism is the lifeblood of democracy and free societies
Companies Do Not Shut Down Offices and Lay Off Staff en Masse (Morale and Reputation Issue) Unless They're in Deep Financial Trouble
Microsoft has been faking its financial performance for years
IRC Proceedings: Tuesday, May 07, 2024
IRC logs for Tuesday, May 07, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Video] Leaving Microsoft Behind for the Sake of National Security
Threats to "National Security" aren't some users with an Android phone but Microsoft at the root of things
GNU/Linux and ChromeOS Now at 6% in France, According to statCounter
numbers from statCounter