In NRC: Court victory Temper is a sensitive blow to trade unions, but otherwise mainly of symbolic value

Koen Marée 

Originally published in the NRC on October 17, 2023
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Koen Marée’s article for the NRC sheds light on Temper's recent legal triumph over unions FNV and CNV. The article, titled "Court Victory Temper is a Sensitive Blow to Trade Unions, but Otherwise Mainly of Symbolic Value," delves into the implications of the court ruling. Temper, a digital job board for shift work primarily in the hospitality sector, faced legal challenges from FNV and CNV, who opposed Temper's employment model. The platform offers a digital notice board where users can find shifts. The platform recently emerged victorious in the recent court ruling.

The judge's interim decision dealt a blow to the Unions, stating that FNV and CNV could not represent individuals finding work through Temper when a significant number of workers expressed their reluctance to be represented by the unions. The ruling is rooted in the Mass Damage Settlement in Collective Action Act, emphasising a rigorous assessment of representativeness.

While the victory for Temper may be considered symbolic, it holds significant consequences. The unions have labelled Temper's work model as a form of false self-employment and thus demand that all freelance workers receive a temporary work contract. The Unions had made claims for these workers, including overdue wages, holiday pay, and premiums related to individual cases. In Temper’s court victory, these claims have also been temporarily set aside. However, the core objections of FNV and CNV concerning fair labour practices remain intact.

The article also discusses the opt-out procedure, where Temper distributed emails with tongue-in-cheek texts, challenging the unions' representation. Despite FNV's disapproval of Temper's campaign, the judge also ruled that the emails were acceptable as they posed no restrictions and did not distribute alternative information.

Temper's founder, Niels Arntz, hailed the ruling as "historic," emphasising the growing desire for flexibility and freedom in work life. He hopes the victory prompts unions to reassess their stance on evolving forms of work.

While Temper celebrates its interim victory, FNV and CNV express disappointment, signalling their intent to continue pursuing the case. The article concludes that the symbolic victory might be a pyrrhic one for Temper, as the court has yet to delve into the substance of the unions' objections. The outcome of the ongoing legal battle will determine the lasting impact of this court's ruling. 

You can find the original article here.

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