{"id":2991,"date":"2026-06-18T11:54:37","date_gmt":"2026-06-18T09:54:37","guid":{"rendered":"https:\/\/www.martijnarets.com\/geen-onderdeel-van-een-categorie\/radio-interview-over-rechtszaak-fnv-en-temper\/"},"modified":"2026-06-18T12:00:40","modified_gmt":"2026-06-18T10:00:40","slug":"radio-interview-over-rechtszaak-fnv-en-temper","status":"publish","type":"post","link":"https:\/\/www.martijnarets.com\/en\/blog-en\/radio-interview-over-rechtszaak-fnv-en-temper\/","title":{"rendered":"Radio interview about the court ruling in the case between FNV and Temper"},"content":{"rendered":"\n

Are the tens of thousands of workers who find day jobs via the Temper platform freelancers or temp agency workers? This is the question that has been on everyone\u2019s minds since 2020, when the FNV\u2019s legal case against Temper began. Following a ruling in Temper\u2019s favour in 2024, a less favourable ruling for the platform followed in 2026, in which the judge ruled<\/a> that Temper is, in fact, a temp agency.<\/p>\n\n\n\n

On 17 June 2026, I was invited by BNR News Radio to join Thomas van Zijl to provide some insight into this case and offer unsolicited advice to the platform company\u2019s new CEO. I discussed the various legal cases against platforms in the Netherlands, how the platform operates and the expected next steps.<\/p>\n\n\n\n

I have been following this development from the start. For instance, in 2020, I conducted research into this phenomenon with Jeroen Meijerink<\/a>. The conclusion at the time was that day jobs can also be carried out via a temporary agency arrangement, but there are certain restrictions on both sides. And that the term \u2018security\u2019, which crops up in many discussions, is rather disappointing. In the meantime, the regulation around temp agencies has been amended and has since become less flexible.<\/p>\n\n\n\n

What was my advice to the CEO? Firstly: appeal to the Supreme Court (Hoge Raad). I cannot imagine Temper not doing this. The FNV trade union would have done the same had it lost. The two years this took at Helpling and Deliveroo also buys time. Secondly: open up the public and political debate further. Temper has always been very secretive externally. It\u2019s time to break that open. Via platforms such as Temper, tens of thousands of workers have carried out gigs to their satisfaction. But we still know too little about this. What are the elements that work and appeal to people? Engage in dialogue WITH one another more; don\u2019t just talk ABOUT one another. This, incidentally, is also advice for the trade unions. But it applies to policymakers too: after all, they are the major absentees in this debate. And finally: anticipate. The fact that there\u2019s also a Temper temp agency app shows that work is already in progress.<\/p>\n\n\n\n

I also hope that the discussion will focus more on work, certainties and obligations than on legal classifications. There will always be a grey area. Explore how you can agree on more contract-neutral or contract-transcending obligations and certainties. Within the platform economy, you can already see this happening under the Platform Work Directive (European) and the ILO Platform Work Convention (global). If we narrow the gap between the two, the incentive to \u2018shop around\u2019 will also be reduced, and we can get back to discussing the substance. To achieve this, parties must look beyond their own self-interest. And that is perhaps the greatest challenge facing the labour market.<\/p>\n\n\n\n

Listen to the programme here:<\/p>\n\n\n\n

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