The Amsterdam Court of Appeal ruled today that Temper should be regarded as a temporary employment agency. We are carefully studying the ruling and will determine next steps
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. This is a different assessment from the District Court, which ruled in Temper's favour in July 2024. We have taken careful note of the judgment and are studying it closely with our legal team before commenting on next steps. We intend, following that careful review, to appeal 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.
For FreeFlexers and clients alike, nothing changes right now. The platform continues to operate as normal and you can keep working together exactly as you are used to. Throughout any further proceedings, everything continues as usual. 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 be back with more information on next steps as soon as we have it.