Netherlands – Inspectorate declares Temper to be an employment agency and not a flexible work platform (Trouw)

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February 16, 2021

Temper, a Dutch company that describes itself as an independent platform, is an employment agency and not a mediation platform, Dutch Inspectorate SZW said. Trouw reports that the FNV union says the inspection means that anyone who works through Temper is entitled to an employment contract and that employees must be paid in accordance with the temporary employment contract. The union expects the inspection to impose heavy fines on the Amsterdam platform. However, the Inspectorate does not intend to do so. “It is up to the parties concerned to initiate any legal action,” said a spokesperson. In October 2020, the FNV and CNV unions took Temper to court, claiming that instead of an online platform, Temper was an employment agency and was obligated to comply with the legal obligations of temporary employment agencies. The unions also said Temper was guilty of working with “bogus self-employed workers.”

FNV Director Erik Pentenga said: “Temper works like an employment agency, it brings together the supply and demand for labor and after that it is always involved in everything. Illness reports and payment go through Temper, as do employment agencies. But because Temper uses an app to match supply and demand, he calls the people who work for him freelance.

Niels Arntz, co-founder of Temper, called the inspectorate’s inspection “messy work” and that their report was insufficiently substantiated, citing “only two examples of possible bogus self-employment”.


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