On 16 June 2026, the Amsterdam Court of Appeal ruled that Temper should be considered a temporary employment agency. This differs from the ruling of the District Court of Amsterdam, which found in July 2024 that Temper is not a temporary employment agency and dismissed all claims brought by FNV and CNV.

We are very surprised by this ruling and fundamentally disagree with it. We see strong legal grounds for the Supreme Court of the Netherlands to reconsider the Court of Appeal’s judgment. We have therefore initiated cassation proceedings. While these proceedings are ongoing, the judgment is not final.

Temper remains committed to a labour market that gives people the freedom to consciously choose flexible work, with appropriate protection.

The legal proceedings in brief: from the initial ruling to cassation

Late 2020 – FNV and CNV initiate proceedings against Temper

The legal battle between FNV and CNV and Temper began in late 2020. The trade unions claimed that platform work through Temper qualifies as temporary agency work. They argued that FreeFlexers using Temper are not independent professionals, but temporary agency workers employed by Temper.

What followed was a lengthy, precedent-setting case.

October 2023 – the opt-out

In October 2023, the District Court issued a significant interim ruling: it dismissed all claims the trade unions had brought on behalf of people who work or had worked through Temper. The reason? At least 15,000 FreeFlexers actively contacted the court to make clear that they did not want FNV and CNV to represent them.

An opt-out on this scale was unprecedented in the Netherlands and sent a powerful message from the people working through Temper themselves.

10 July 2024 – the District Court ruling: Temper is not a temporary employment agency

On 10 July 2024, the District Court issued its substantive ruling. Its conclusion was clear. According to the court, 2 essential elements of a temporary agency employment contract were absent: Temper does not exercise formal employer authority and does not pay FreeFlexers wages.

The third essential element – the obligation to perform work personally – was also largely absent. The District Court therefore dismissed all claims brought by the trade unions and ruled that Temper could not be considered a temporary employment agency.

Autumn 2024 – FNV and CNV appeal

FNV and CNV appealed the ruling in autumn 2024, asking the Amsterdam Court of Appeal to reassess the case. On 16 June 2026, the Court of Appeal delivered its judgment and ruled that Temper should be considered a temporary employment agency.

16 June 2026 – the Amsterdam Court of Appeal ruling

The Amsterdam Court of Appeal ruled that, in this case, Temper should be considered a temporary employment agency. This means the Court of Appeal reached a different conclusion from the District Court of Amsterdam, which ruled in Temper’s favour in July 2024.

July 2026 – Temper initiates cassation proceedings

Temper has carefully reviewed the judgment and decided to bring the case before the Supreme Court of the Netherlands. We stand behind our model and are determined to let the legal process run its proper course.

This legal matter is far from definitively resolved. We are challenging a judgment that we believe is incorrect – and we have strong legal grounds for doing so.

It is important that we continue responding to the needs of our users and defending their right to work in this way. We remain committed to a labour market that gives people the freedom to consciously choose flexibility, with appropriate protection.

The ruling has no immediate consequences for clients or FreeFlexers.

Cassation proceedings: what does this mean in practice?

The short answer: nothing changes.

Temper has officially brought the case before the Supreme Court of the Netherlands. While the cassation proceedings are ongoing – which may take a considerable amount of time – the Amsterdam Court of Appeal’s judgment is not final. This applies to clients, FreeFlexers and the day-to-day operation of the platform.

In practical terms:

• Temper continues to operate as usual.
• Existing agreements between clients and FreeFlexers remain in force.
• Shifts continue to be published, filled and processed as usual.

There are no automatic claims, repayment obligations or changes to rates or agreements.

Temper will keep clients and FreeFlexers closely informed about the progress of the cassation proceedings. We will share any relevant developments with you directly.

The future of work – and Temper’s role in it

This outcome shows why it is so important to continue the discussion about platform work. The District Court and the Amsterdam Court of Appeal reached very different conclusions. At the same time, policy and legislation continue to develop but do not yet provide the clarity that is needed in every situation.

The labour market has changed for good. People consciously choose flexibility, autonomy and entrepreneurship. They work for multiple clients, set their own rates and plan work around their lives. Existing legal frameworks are not always equipped to assess this reality. This is not a matter of bad faith, but of a rapidly changing world that legislation needs to keep pace with.

Temper CEO Mathijs van Tetteroo:

“Since its founding, Temper has contributed to an open dialogue about finding solutions. Not from the courtroom, but around the table with trade unions, policymakers and other relevant parties. We believe that appropriate protection and genuine freedom can go hand in hand, as long as the rules reflect how people work today."