Court concludes: unions may not represent workers through Temper

Crucial milestone for labour-market reform‍

Amsterdam, 12 October 2023

The District Court of Amsterdam made a historic ruling today in the case brought against Temper in October 2020 by trade unions FNV and CNV. The court ruled that all union claims made on behalf of people who work—or had previously worked—via the Temper platform must be withdrawn. As of this ruling, the unions are permitted to continue litigating only the matter of how working via a digital noticeboard is to be considered. Originally, the unions requested that the court determine the legal relationship between Temper and those who work via the platform. The unions claimed to speak on behalf of all those who work—or had worked—via Temper. In response to this claim, more than 15,000 people petitioned the court*, expressing that they did not consider this case to be in their best interest and did not wish to be represented by the unions. The court has now honoured this request.

In Temper’s view, this court opinion signals a new phase in labour-market reform; many workers did not share the union’s view of freelancers who work via digital noticeboards as either temp-agency workers or employees.

Temper, founded in 2015, is the first—and largest—digital noticeboard for “flexible workers” in the Netherlands. Through Temper, you can find freelance work in various sectors. Regarding the ruling, Temper founder Niels Arntz said, “We consider the decision by the Court of Amsterdam to be an important step forward in making the labour market accessible to everyone. The ruling reflects the voices of those who strive for more flexibility and freedom in their lives. Temper places the initiative in the hands of workers; they decide why, where, and when they want to work. This is a totally different approach from that of our current labour market. We believe this transformation is necessary if we are to efficiently match the demand for work with the supply of work.”

Temper respects and continues to support the widespread need in society for a new, more independent way of working. Temper is also responding to the demand for greater social security. The company is in close contact with experts, regulators, and government agencies. Temper demonstrates its commitment to workers’ welfare by, for example, facilitating disability insurance and continuously improving the noticeboard—in tandem with workers and their clients.

To help align labour-market reform with the needs and preferences of the younger generation, Temper advocates for more dialogue between governments, politicians, trade unions and workers. Niels Arntz commented, “We hope that this important milestone will also be recognised in the context of the social and political debate on work. These are vital issues concerning freedom and representation in tomorrow's labour market. This is exactly what we should be having the conversation about.”

*Via e-mail to the District Court of Amsterdam. It concerns at least 15,000 people who have used the Temper platform at least once.

About TemperTemper enables people to earn money flexibly—as additional freelance work while studying, or while starting a business, for example. Through Temper, flexible workers find companies offering short-term jobs in the hospitality, retail, and logistics sectors. Registering on the Temper noticeboard in the afternoon can lead to a well-paid shift for the very same evening.

The company was founded in the Netherlands in 2015 in response to the need for greater freedom and flexibility in the labour market—to address the mismatch between labour supply and demand. Temper sees this alignment between supply and demand as essential to a future-proof labour market accessible to all. Temper’s noticeboard now has 100,000+ registered job seekers and 10,000+ companies, most of which are SMEs. The total number of hours worked via the platform is growing at an average rate of 300% per year. The company is headquartered in Amsterdam, the Netherlands, and employs more than 150 people. In late 2022, Temper opened an office in London; Temper recently established a presence in Paris.

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