Court confirms: Temper is not an employment agency

10
July
2024
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Amsterdam, July 10, 2024 

An important ruling today by the Amsterdam court in the case brought by the trade unions FNV and CNV against Temper. After an extensive procedure, the court concludes that Temper is an online platform for work, and not an employment agency as claimed by the unions. Therefore, there is no question of a temporary employment contract with Temper or an employment contract with clients as argued by the unions. 

All claims submitted by the unions have been dismissed. This ruling follows an earlier verdict (October 12, 2023), in which the court had already determined that the unions were no longer authorised to act on behalf of the people who had worked through Temper. 

Temper, founded in 2015, is the first and largest digital notice board for flexible side earners in the Netherlands. Through Temper, you can work as an independent contractor in various sectors. CEO of Temper, Maarten Zoomers, says: "People consciously choose the freedom and flexibility that working through Temper offers, the ability to adapt work to their lives instead of the other way around. Unlike traditional forms of 'flex' that are actually only flexible for employers, our model offers real autonomy and flexibility to workers. Therefore, we are pleased with the court's ruling, confirming that this model has legitimacy." 

Temper observes a broad demand for the way of working that it facilitates. Temper's mission is to make this way of working future-proof by aligning it even better with the desires of workers and society, for example by innovating in the area of more (social) security for self-employed workers. To this end, Temper maintains close contact with experts, regulators, and government agencies. 

In this context, Temper also advocates for more dialogue between governments, politics, trade unions, and workers, so that labor market reforms better meet the wishes and needs of this new generation.