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No temporary agency contact between Temper and the workers

Recently the Amsterdam District Court (ECLI:NL:RBAMS:2024:3987) ruled that no temporary agency contract (an employment contract between a temp agency and an employee) between Temper, an online platform for flexible work, and the workers.

The proceedings were initiated by trade unions FNV and CNV, who argue that the workers are not self-employed but rather are employed by Temper. They claim that the workers are falsely classified as self-employed (ZZP'ers) and should be classified as temp workers.

According to the Court, the essential elements of a temporary agency contract are not met. Specifically, there is no formal relationship of control, Temper does not pay the workers (the principals pay the workers) and workers are not obligated to perform the work personally.

The Court could not rule on whether an employment contract (instead of a service agreement) exists between the principals and the workers, as the principals were not involved in the proceedings.

FNV and CNV have indicated that they will appeal this ruling.