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Netherlands

FNV & CNV v Temper – Amsterdam Court of Appeal, 16.06.2026 ECLI:NL:GHAMS:2026:1612

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The Amsterdam Court of Appeal held that workers who performed assignments through Temper had temporary-agency employment contracts with Temper under Article 7:690 BW. The Court found that Temper was more than a neutral digital marketplace. It organised the contractual structure, controlled access to assignments, influenced remuneration and payment, and established the rules governing the relationship. The clients exercised practical supervision during assignments, while Temper retained the formal employer role. The judgment reversed the Amsterdam District Court’s 2024 decision, which had concluded that no temporary-agency agreements existed.

1. Background and Appeal

Temper operates a digital platform through which businesses offer temporary assignments and workers apply to perform them. The work commonly includes activities in hospitality, retail and logistics.

Temper described the workers as independent entrepreneurs and presented itself as a platform facilitating agreements between workers and clients.

FNV and CNV argued that Temper effectively supplied workers to clients and should be treated as their temporary-employment agency. The Amsterdam District Court rejected that argument in 2024, after which the trade unions appealed.

Toelichting

The case concerned whether Temper was simply an online marketplace for freelancers or legally operated as a temporary-employment agency. The District Court initially ruled in Temper’s favour. The Court of Appeal reconsidered the complete platform structure and reached the opposite conclusion.

3. Temper’s Role and the Workers’ Position

The Court found that Temper was closely involved in establishing and organising the working relationship. Temper provided the user agreements, model assignment agreements and replacement arrangements used through the platform.

Temper controlled access to assignments, imposed platform and quality requirements, and could exclude workers from the platform. It also played an important role in the remuneration and payment structure. Although clients entered the hourly rate, Temper restricted rates below the minimum wage, displayed comparable regional rates and facilitated payment through Finqle.

The assignments formed part of the clients’ normal business activities. Clients determined working times and provided instructions during the assignments.

The Court also considered that workers generally performed assignments personally, bore limited commercial risk and showed insufficient substantive entrepreneurship. Formal registration with the Chamber of Commerce or for VAT did not outweigh the practical circumstances.

Toelichting

Temper did considerably more than publish available assignments. It created the contractual framework, controlled access to work and organised important parts of the payment process. The clients directed the work during each shift, but Temper established the system through which the workers were selected, supplied and governed.

Tijdlijn

Geldig vanaf—
Geldig totDoorlopend

Collective proceedings initiated

Gepland:—
Werkelijk:—
NotitieFNV and CNV begin proceedings concerning the legal status of Temper workers.

Interim judgment

Gepland:—
Werkelijk:—
NotitieThe District Court addresses the admissibility of the collective claims. ECLI:NL:RBAMS:2022:4035.

District Court judgment

Gepland:—
Werkelijk:—
NotitieThe Court holds that no temporary-agency agreements exist. ECLI:NL:RBAMS:2024:3987.

Court of Appeal judgment

Gepland:—
Werkelijk:—
NotitieThe earlier decision is reversed, and Temper workers are classified as temporary-agency employees. ECLI:NL:GHAMS:2026:1612.

Bronnen

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YoungOnes Workers at H&M – Netherlands Labour Authority, 2024

The Netherlands Labour Authority investigated retail workers who performed assignments at H&M through the YoungOnes platform under contracts describing them as independent contractors. According to FNV’s publication of the findings, the Authority concluded that the workers were not genuinely self-employed. H&M supervised and directed their work, while YoungOnes organised the contractual and administrative structure through which they were supplied to H&M. The relationship therefore displayed the characteristics of temporary-agency employment under Article 7:690 BW. YoungOnes disputed the assessment, arguing that workers could choose assignments, work for different clients and bear entrepreneurial risk. The Authority’s assessment is an administrative enforcement finding and should not be presented as a judicial ruling.

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NV / Helpling – Amsterdam District Court, 01.07.2019 ECLI:NL:RBAMS:2019:4546

The Amsterdam District Court held that cleaners working through Helpling did not have employment contracts or temporary-agency agreements with the platform. The Court found that Helpling actively organised access to cleaning assignments but did not exercise sufficient authority over how the cleaning work was performed. Instead, the cleaners had employment relationships with the private households under the domestic-services regime. However, Helpling qualified as an employment intermediary under the Waadi. It was therefore prohibited from charging cleaners commission for helping them obtain work.

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Article 7:690 Dutch Civil Code – Temporary-Agency Employment Contract

Article 7:690 BW defines the temporary-agency employment contract as an employment contract in which an employer, acting as part of its profession or business, makes an employee available to a third party. The employee then works under the third party’s supervision and direction pursuant to an assignment between the employer and that third party. The provision creates a three-party relationship involving the temporary worker, the employment agency or other supplier, and the client where the work is performed. The supplier remains the legal employer even though the client directs the daily work.