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FNV / Helpling – Amsterdam Court of Appeal, 21 September 2021
The Amsterdam Court of Appeal held that cleaners working for private households through the Helpling platform had temporary agency agreements with Helpling within the meaning of Article 7:690 of the Dutch Civil Code. The Court rejected the earlier District Court conclusion that the employment relationship existed directly between the cleaner and the household. It found that the overall contractual structure pointed to a contractual relationship between Helpling and the cleaners, while the households acted as hirers that exercised day-to-day supervision and direction over the cleaning work. Helpling therefore occupied the position of temporary employment agency and employer.
FNV & CNV v Temper – Amsterdam District Court, 10 July 2024
The Amsterdam District Court held that workers who obtained assignments through the Temper platform did not have temporary agency agreements with Temper. Although Temper facilitated the relationship between workers and clients and provided the contractual framework through its platform, the Court considered that essential characteristics of an employment and temporary agency relationship were missing. In particular, Temper did not exercise sufficient formal employer authority, did not itself pay the workers' remuneration, and there was little or no obligation for workers to perform assignments personally. The judgment was later reversed by the Amsterdam Court of Appeal on 16 June 2026.