Platform Work Act and the consequences for employment agencies that make freelancers available
The Platform Work Act will also apply to intermediaries and employment agencies if they use a digital work platform to make freelancers available. The risk that these freelancers will be retroactively classified as temporary workers employed by the employment agency is therefore greatly increased.
What is a digital labor platform?
The Platform Work Act defines a digital labor platform as a natural or legal person that provides a commercial service. This service must meet four requirements:
The service is provided via a website, a mobile application or an online portal;
The service is initiated because a customer requests it;
The service consists of work performed by individuals for payment;
Using the digital labor platform uses algorithms to allocate work, track performance, calculate rates or monitor workers.
Many employment agencies have a digital employment platform, often facilitated by their employment software. With the help of this digital employment platform, employment agencies make freelancers "available" and "under the direction and supervision" of their clients. This is the reason that this new Platform Work Act will also apply to most intermediaries (borrowed-on-loan) and employment agencies.
Ruling of the Court of Appeal regarding Temper
Is Temper an employment agency or a notice board?
In the ruling of June 16, 2026, the court is of the opinion that there is an employment contract between Temper and the platform worker (see ruling article 5.45).
The Court therefore categorises Temper as an employment agency, and not as a bulletin board.
According to the Court, Temper was closely involved in the manner in which the contractual arrangement of the triangular relationship between Temper, the platform worker and the client is established, the manner in which the remuneration is determined, this remuneration is paid, and the amount of this remuneration (4.48).
The court has therefore determined that platform workers who accept freelance assignments through Temper, in reality are not self-employed, but temporary workers.
Source: Uitspraak Hof inzake Temper, 16 juni 2026,
Disclaimer
The information provided in this article is for general informational and educational purposes only and does not constitute legal, tax, or employment advice. Labor and classification regulations (such as the Dutch Wet DBA and EU directives) are highly complex, fact-specific, and subject to frequent changes and changing administrative policies. Reading this content does not create an attorney-client or advisory relationship with Zooly. Before making any decisions regarding contractor engagement, compliance frameworks, or classification policies, you should always consult a qualified local employment lawyer or tax professional. Zooly accepts no liability for any actions taken or decisions made based on the information provided on our website.
Editorial Note & AI Disclosure
In compliance with Article 50 of the EU AI Act, we disclose that artificial intelligence (AI) tools were utilized to assist in compiling, legal screening, and drafting this content. However, to ensure absolute legal precision and contextual accuracy regarding compliance topics, the final text has undergone full human editorial review and rigorous manual verification by the Zooly compliance team before publication.
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