Announcement by order of the district court of Amsterdam

‍Class action filed by FNV and CNV against Temper

The trade unions FNV and CNV are conducting civil proceedings against Temper B.V. before the district court of Amsterdam. This civil procedure is called a “class action”. FNV and CNV want the court to decide that the professionals that have worked via Temper (the Temper-professionals), have done so as temporary agency workers or employees.

The court has issued an interim judgement (ECLI:NL:RBAM8:2022:4035). In this judgement FNV and CNV together have been designated as Exclusive Advocate. This means FNV and CNV proceed together on behalf of all Temper-professionals. You can find the judgement here:

https://www.rechtspraak.nl/SiteCollectionDocuments/tussenvonnis%20iz-fnv-cnv-vs-temper-bv.pdf (ECLI:NL:RBAMS:2022:4035). If you want more information about this class action, and its possible consequences, you can visit the following links to information from the parties involved:

• http://www.fnv.nl/over-de-fnv/wie-we-zijn/fnv-advocaten/overzicht-collectieve-zaken/fnv-temper
• www.cnv.nl/dossiers/temper-rechtzaak/
• http://go.temper.works/rechtszaak

Ending your participation or indeed joining the procedure
‍

The following is important for the Temper-professionals, as you have worked (at least once) via Temper before 21 December 2022.

If you had residence in the Netherlands on 21 December 2022 and

• you agree with FNV and CNV defending your interests in this procedure, there is no need for you to do anything.
• if you do not agree with FNV and CNV defending your interests in this procedure, you can let the district court know this. In that case you will not be bound by the judgement in this civil procedure.

If you did not have residence in the Netherlands on 21 December 2022 and

• you do want FNV and CNV to defend your interests in this procedure, you can let the district court know this. In that case you will be bound by the judgement in this civil procedure.
• If you do not want FNV and CNV to defend your interests in this procedure, there is no need for you to do anything.

How can you let the district court know what you want?

Send an e-mail to the following e-mail address: Vakbonden.Temper.rb-amsterdam@rechtspraak.nl. This e-mail must be received no later than 1 May 2023.

For this you can use the following text:

“My name is ... I have worked via Temper. I do not want FNV and CNV to defend my interests.”

or

“My name is ... I have worked via Temper. I did not have residence in the Netherlands on 21 December 2022, but want FNV and CNV to defend also my interests.”