As you may know, the trade unions FNV and CNV filed a lawsuit against Temper, and on July 10, 2024, the District Court of Amsterdam ruled in our favour. The unions appealed that judgment, and on June 16, 2026, the Amsterdam Court of Appeal delivered its decision.
The decision
The Amsterdam Court of Appeal has ruled that Temper should be regarded as a temporary employment agency in these proceedings, and that FreeFlexers working via the platform should be employed. That is a fundamentally different assessment from the District Court, which ruled in Temper's favour in July 2024. This also conflicts with the direction the Dutch Supreme Court took in its recent Uber ruling.
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. At this moment, the ruling is not yet final. We will study the judgment carefully and are seriously examining whether to appeal in cassation to the Supreme Court.
What does this mean?
This is not the outcome we had hoped for. We are taking the time to properly understand the ruling and analyse its implications, with the interests of both our clients and FreeFlexers as our highest priority.
At this moment the ruling is not yet final and our services remain available. Temper remains committed to a labour market that leaves room for people who deliberately choose flexibility, with appropriate protection, and to being a reliable partner for the businesses that depend on them. We will share more on next steps as soon as we have it.