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Update on the ruling in the FNV/CNV and Temper proceedings

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Written by Vanessa

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 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's 2024 ruling, and it is at odds with the Dutch Supreme Court's recent Uber ruling. We are very surprised by this ruling and fundamentally disagree with it.

What are we doing next?

We have decided to appeal to the Supreme Court, the highest court in the Netherlands. This means the ruling is not yet final. We expect the Supreme Court to rule no earlier than 2027 or 2028.

What does this mean for you?

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 keep you informed as things develop.

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