The Amsterdam Court of Appeal made a different assessment from that of the Amsterdam District Court

Today the Amsterdam Court of Appeal held that, in the proceedings between FNV, CNV and Temper, Temper should be regarded as a temporary employment agency. That is a fundamentally different assessment from the one the District Court reached at first instance in these proceedings, and it runs squarely counter to the direction the Dutch Supreme Court set in its recent Uber judgment.

We are very surprised by this ruling and fundamentally disagree with it: the court entirely disregards the diversity, the freedom and the entrepreneurship of the tens of thousands of people who earn flexible additional income via Temper. We will study the judgment carefully and are seriously examining whether to appeal in cassation.

At this moment, the ruling is not yet final. Temper remains committed to a labour market that leaves room for people who deliberately choose flexibility, with appropriate protection.