
Temper appeals to the Supreme Court
On 16 June 2026, the Amsterdam Court of Appeal ruled that Temper should be classified as a temporary employment agency. This differs from the Amsterdam District Court’s July 2024 ruling that Temper is not a temporary employment agency, which dismissed all claims brought by FNV and CNV.
We’re surprised by the ruling and disagree with it. We’ll continue to defend people’s right to choose how they work. We’ve appealed to the Dutch Supreme Court because we believe the ruling is wrong and have strong legal grounds to challenge it.
Until these proceedings conclude, the ruling is not final. Temper remains fully operational.
15,000 FreeFlexers already stood up
The trade unions FNV and CNV say they want to protect FreeFlexers, yet they are demanding changes to the way FreeFlexers earn extra income. That is why 15,000 FreeFlexers made their voices heard to protect their way of working.
The Amsterdam District Court previously dismissed all claims brought by the trade unions, ruling that FreeFlexers are not employees and Temper is not a temporary employment agency. On appeal, the Amsterdam Court of Appeal reached the opposite conclusion. We disagree with this ruling and have therefore appealed to the Dutch Supreme Court.
Until these proceedings conclude, the ruling is not final. We will continue to stand up for our users and their conscious choice to earn extra income flexibly.
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
A changing labour market - and two opposing conclusions
The labour market has changed for good. People are actively choosing flexibility, autonomy and entrepreneurship. They work for multiple clients, set their own rates and fit work around their lives. Existing legal frameworks are not always equipped to assess this reality. That is not a matter of bad intent, but the result of a rapidly changing world - and legislation that needs to keep pace.
The opposing conclusions reached by the Amsterdam District Court and the Amsterdam Court of Appeal underline this. Legislation governing self-employment is evolving rapidly and does not always provide the clarity needed. One of the current government’s priorities is to establish clearer rules, with platform work also part of the discussion. We believe this is essential to keep meeting the needs of a new generation of workers and a changing labour market.
CEO Mathijs van Tetteroo: “Since its founding, Temper has contributed to an open dialogue focused on finding solutions - not in the courtroom, but around the table with trade unions, policymakers and other relevant parties. We believe proper protection and genuine freedom can go hand in hand, provided the rules reflect how people work today.”

A changing labour market -and two opposing conclusions

The labour market has changed for good. People are actively choosing flexibility, autonomy and entrepreneurship. They work for multiple clients, set their own rates and fit work around their lives. Existing legal frameworks are not always equipped to assess this reality. That is not a matter of bad intent, but the result of a rapidly changing world—and legislation that needs to keep pace.The opposing conclusions reached by the Amsterdam District Court and the Amsterdam Court of Appeal underline this. Legislation governing self-employment is evolving rapidly and does not always provide the clarity needed. One of the current government’s priorities is to establish clearer rules, with platform work also part of the discussion. We believe this is essential to keep meeting the needs of a new generation of workers and a changing labour market.CEO Mathijs van Tetteroo: “Since its founding, Temper has contributed to an open dialogue focused on finding solutions—not in the courtroom, but around the table with trade unions, policymakers and other relevant parties. We believe proper protection and genuine freedom can go hand in hand, provided the rules reflect how people work today.”
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.



