Description
The District Court of Amsterdam ruled against a claim of false self-employment made by trade unions FNV and CNV regarding workers providing services through the digital labour platform Temper.
Temper in digital labour platform matching clients with workers who provide on-location services in sectors such as cleaning, construction, catering, and so on. The workers are registered as self-employed and have to provide a VAT number before they can be matched with a client.
In the autumn of 2020, the trade unions FNV and CNV started legal proceedings against Temper claiming that the platform is not simply mediating between clients and workers, but it’s in fact a temporary agency. It then follows that the workers who provide services through Temper should be covered by the collective labour agreement for temporary workers.
While initially the Court allowed FNV and CNV to act as representatives of all workers providing services through Temper, in October 2023 it revoked the decision, following a large number of drop-outs from the class action.
The court analysed in detail how work through the platform is carried out, including information on how worker’s accounts have to be created, what information the client has access to when selecting a worker for a task (e.g. the profile picture, name, rating, turnout rate and the percentage that the worker arrived on time), how the payment is processed, and so on.
The court has established that there is no temporary employment contract between the workers and Temper for two main reasons:
1) The platform has no authority over the workers; it is the clients, and not Temper, who give instructions to the workers and supervise the work.
2) While in a temporary employment relationship the salary is determined and paid by the temporary employer, Temper itself does not pay anything to the workers. The workers invoice the clients and the clients pay. In addition, the remuneration is determined outside of Temper. Temper does apply minimum rates for different types of jobs – so clients cannot offer a job below that rate – but otherwise clients are free to set an hourly rate.
- Keywords
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industrial action,
employment status
- Actors
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Platform,
Employee organisation,
Court
- Sector
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Accommodation and food service activities
- Platforms
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Temper
Sources
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In 2018, the platform Temper, which matches demand and supply for staff in hotels, restaurants and cafés, approached the hospitality division of the largest Dutch union FNV (Federation National Unions, …