The Court of Appeal in Amsterdam has determined that the services provided by Temper constitute temporary agency work. In recent years, Temper has used unfair competition in its business model by employing bogus self-employed individuals.
Back pay
The Court of Appeal also ruled that there must be back pay of the 1 euro that Temper workers had to pay per hour to Temper until 2019. This has been a thorn in the side of those who worked for Temper for years. Additionally, consider back payments for overdue salary, continued payment during illness and holidays, allowances, pension contributions, and holiday pay.
Trade unions can file collective claims in cases of misconduct
The Court of Appeal also explicitly stated in the ruling that trade unions can still collectively pursue legal actions on behalf of the affected parties. In situations where there is such significant underpayment and misconduct, it is important that trade unions can speak on behalf of all.
Government must take action
With this ruling in hand, the labour inspectorate, the Tax and Customs Administration, and the UWV must take action. It is also a direct warning to platform companies that think they can make a profit in the Netherlands by avoiding social security contributions, at the expense of the people who work for them and the rest of society.
You can find the full ruling here.
If you have a question, easily contact our union representatives.