Court rules unions cannot represent Freeflexers
On October 12, 2023, the District Court of Amsterdam in the Netherlands issued a historic ruling with important consequences for freelancers who earn extra income through Temper.
More than 15,000 Temper freelancers made their voices heard and indicated they did not want to be represented at all by the Dutch unions FNV and CNV. All claims filed by the unions on behalf of people who work, or have worked, through Temper are thereby terminated.
15,000 FreeFlexers stood up
Dutch unions FNV & CNV claim to support FreeFlexers but do so by demanding to change their way of working. They insist that, instead of being freelancers, they become agency workers or employees. 15,000 FreeFlexers stood up to protect their way of working. A way of working that makes the labour market more accessible and provides greater freedom and flexibility.
As a result, the Amsterdam court ruled that all claims filed by the unions on behalf of people who work or have worked via Temper have been dismissed. The second part of the court case - talks on the classification of freelancers - continues. So, keep standing up for your right to work as a freelancer.
FreeFlexer insights
15,000+
opted-out to save a flexible way of working
84%
don’t feel heard in Labour-Market discussions
68%
value flexibility to decide when and where to work
Getting clarity on this way of working
Part of the lawsuit will continue to get clarity on working via digital notice boards like Temper in a more general sense. Temper welcomes this ongoing discussion to contribute to a sustainable and vital future labour market, that serves the interest of the modern worker.
Even after the court's ruling on the opt-outs, the legal proceedings initiated by the unions are still partially ongoing. Initially, the unions said they were standing up for two different interests: on the one hand, on behalf of all people who have ever worked through Temper, and on the other hand, on behalf of the general interest (all workers in the Netherlands).
The court has now decided that the proceedings concerning the interests of all people who have ever worked via Temper will be dismissed. All claims that belonged to this interest have also dropped. However, the unions are allowed to continue litigating from the public interest. This means that the court will still consider a number of specific questions about the way of working through a platform like Temper.
The main question here is still whether people working via a platform like Temper should be seen as self-employed or as employees. Temper only welcomes clarification on this issue and looks forward to the substantive hearing on this question with great confidence.
Testimonials
Stand up for platform work
Great news! A number of people who earn extra money through Temper, have set up a foundation to stand up for this way of working - and in turn, for you. Temper fully supports the foundation and will regularly get together to see how we can improve the platform even more.