Country report, gender equality : how are EU rules transposed into national law? : Liechtenstein 2019.
Date: 2020-01-15
Institutions: Directorate-General for Justice and Consumers
Subjects: Liechtenstein, age discrimination, anti-discriminatory measure, application of EU law, equal pay, equal treatment, gender equality, maternity leave, national law, parental leave, paternity leave, pension scheme, report, sexual discrimination, sexual harassment, social security

Liechtenstein 

2019 

EUROPEAN COMMISSION 

Directorate-General for Justice and Consumers 
Directorate D — Equality and Union citizenship 
Unit D.2 Gender Equality 

European Commission 
B-1049 Brussels

EUROPEAN COMMISSION 

Country report  

Gender equality 

How are EU rules transposed into 
national law? 

Liechtenstein 

Nicole Mathé 

Reporting period 1 January 2018 – 31 December 2018 

2019

Directorate-General for Justice and Consumers

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Luxembourg: Publications Office of the European Union, 2019 

© European Union, 2019 

PDF 

 ISBN 978-92-76-01835-3 

ISSN 2600-0164 

doi:10.2838/036563  

DS-BD-19-018-EN-N 

Country report - Gender equality – Liechtenstein - 2019 

CONTENTS 

1 

2 

3 

4 

5 

6 

7 

Introduction ............................................................................................... 5 
Basic structure of the national legal system ............................................ 5 
1.1 
List of main legislation transposing and implementing the directives .......... 5 
1.2 
1.3 
Sources of law .................................................................................... 6 
General legal framework ............................................................................ 7 
Constitution ........................................................................................ 7 
2.1 
Equal treatment legislation ................................................................... 7 
2.2 
Implementation of central concepts ........................................................... 8 
General (legal) context......................................................................... 8 
3.1 
Sex/gender/transgender ...................................................................... 8 
3.2 
Direct sex discrimination ...................................................................... 9 
3.3 
3.4 
Indirect sex discrimination .................................................................... 9 
3.5  Multiple discrimination and intersectional discrimination ........................... 9 
Positive action ................................................................................... 10 
3.6 
Harassment and sexual harassment ..................................................... 11 
3.7 
Instruction to discriminate .................................................................. 11 
3.8 
3.9 
Other forms of discrimination .............................................................. 11 
3.10  Evaluation of implementation .............................................................. 12 
3.11  Remaining issues ............................................................................... 12 
Equal pay and equal treatment at work (Article 157 of the Treaty on the 
Functioning of the European Union (TFEU) and Recast Directive 2006/54)
 ................................................................................................................. 13 
General (legal) context....................................................................... 13 
4.1 
Equal pay ......................................................................................... 13 
4.2 
Access to work, working conditions and dismissal .................................. 14 
4.3 
Evaluation of implementation .............................................................. 15 
4.4 
4.5 
Remaining issues ............................................................................... 15 
Pregnancy, maternity, and leave related to work-life balance for workers 
(Directive 92/85, relevant provisions of Directives 2006/54 and 2010/18)
 ................................................................................................................. 16 
General (legal) context....................................................................... 16 
5.1 
Pregnancy and maternity protection .................................................... 16 
5.2 
5.3  Maternity leave ................................................................................. 18 
Adoption leave .................................................................................. 19 
5.4 
Parental leave ................................................................................... 20 
5.5 
Paternity leave .................................................................................. 22 
5.6 
Time off/care leave ............................................................................ 22 
5.7 
Leave in relation to surrogacy ............................................................. 22 
5.8 
5.9 
Flexible working time arrangements..................................................... 23 
5.10  Evaluation of implementation .............................................................. 24 
5.11  Remaining issues ............................................................................... 24 
Occupational social security schemes (Chapter 2 of Directive 2006/54) .. 25 
General (legal) context....................................................................... 25 
6.1 
Direct and indirect discrimination ........................................................ 25 
6.2 
6.3 
Personal scope .................................................................................. 25 
6.4  Material scope ................................................................................... 25 
Exclusions ........................................................................................ 25 
6.5 
6.6 
Laws and case law falling under the examples of sex discrimination 
mentioned in Article 9 of Directive 2006/54 .......................................... 26 
Actuarial factors ................................................................................ 26 
6.7 
Difficulties ........................................................................................ 26 
6.8 
6.9 
Evaluation of implementation .............................................................. 26 
6.10  Remaining issues ............................................................................... 26 
Statutory schemes of social security (Directive 79/7) ............................. 27 
General (legal) context....................................................................... 27 
7.1 

3 

 
 
8 

9 

7.2 

Implementation of the principle of equal treatment for men and women in 
matters of social security .................................................................... 27 
7.3 
Personal scope .................................................................................. 27 
7.4  Material scope ................................................................................... 27 
Exclusions ........................................................................................ 28 
7.5 
Actuarial factors ................................................................................ 28 
7.6 
Difficulties ........................................................................................ 28 
7.7 
Evaluation of implementation .............................................................. 28 
7.8 
Remaining issues ............................................................................... 28 
7.9 
Self-employed workers (Directive 2010/41/EU and some relevant 
provisions of the Recast Directive) ........................................................... 29 
General (legal) context....................................................................... 29 
8.1 
Implementation of Directive 2010/41/EU .............................................. 29 
8.2 
8.3 
Personal scope .................................................................................. 29 
8.4  Material scope ................................................................................... 30 
Positive action ................................................................................... 30 
8.5 
8.6 
Social protection ............................................................................... 30 
8.7  Maternity benefits.............................................................................. 30 
Occupational social security ................................................................ 31 
8.8 
8.9 
Prohibition of discrimination ................................................................ 31 
8.10  Evaluation of implementation .............................................................. 31 
8.11  Remaining issues ............................................................................... 31 
Goods and services (Directive 2004/113) ................................................ 32 
General (legal) context....................................................................... 32 
9.1 
9.2 
Prohibition of direct and indirect discrimination ..................................... 32 
9.3  Material scope ................................................................................... 32 
Exceptions ........................................................................................ 32 
9.4 
Justification of differences in treatment ................................................ 32 
9.5 
Actuarial factors ................................................................................ 32 
9.6 
Interpretation of exception contained in Article 5(2) of Directive 2004/113 33 
9.7 
Positive action measures (Article 6 of Directive 2004/113) ...................... 33 
9.8 
9.9 
Specific problems related to pregnancy, maternity or parenthood ............ 33 
9.10  Evaluation of implementation .............................................................. 33 
9.11  Remaining issues ............................................................................... 33 

10  Violence against women and domestic violence in relation to the Istanbul 

Convention ............................................................................................... 34 
10.1  General (legal) context....................................................................... 34 
10.2  Ratification of the Istanbul Convention ................................................. 34 

11  Compliance and enforcement aspects (horizontal provisions of all 

directives) ................................................................................................ 36 
11.1  General (legal) context....................................................................... 36 
11.2  Victimisation ..................................................................................... 36 
11.3  Access to courts ................................................................................ 36 
11.4  Horizontal effect of the applicable law .................................................. 37 
11.5  Burden of proof ................................................................................. 37 
11.6  Remedies and sanctions ..................................................................... 37 
11.7  Equality body .................................................................................... 38 
11.8  Social partners .................................................................................. 38 
11.9  Other relevant bodies......................................................................... 39 
11.10  Evaluation of implementation .............................................................. 39 
11.11  Remaining issues ............................................................................... 39 
12  Overall assessment .................................................................................. 40 
Bibliography ..................................................................................................... 41 

4 

 
1 

Introduction 

1.1  Basic structure of the national legal system 

The  national  legal  system  in  Liechtenstein  is  –  corresponding  to  its  Constitution  –  a 
constitutional hereditary monarchy based on democracy and parliamentary government. 
Parliament  (Landtag)  is  the  representative  body  of  the  nation.  Its  main  task  is  to  pass 
legislation. For a law to enter into force, Parliament has to approve it, the sovereign has 
to  give  his  consent  and  the  Prime  Minister  has  to  countersign  it.  Finally,  it  has  to  be 
published  in  the  State  Gazette  (Landesgesetzblatt,  LGBl).  Characteristic  of  direct 
democracy in Liechtenstein is the fact that each law that has not been declared as urgent 
by Parliament and every treaty according to international law are subject to a facultative 
referendum. 

The main concepts of EU gender equality law have been implemented in Liechtenstein by 
the Gender Equality Act (Gleichstellungsgesetz, GLG).  

The  court  system  in  Liechtenstein  is  rather  simple  and  small.  Jurisdiction  in  civil  and 
criminal matters is in the first instance with the County Court (Landgericht), in the second 
instance with the Appellate Court (Obergericht) and the court of last resort is called the 
Supreme Court (Oberster Gerichtshof). Courts of public law are the Higher Administrative 
Court (Verwaltungsgerichtshof) and the Constitutional Court (Staatsgerichtshof). All courts 
are based in Vaduz, the capital of Liechtenstein. 

1.2  List of main legislation transposing and implementing the directives 

The following legislation is also available on the Internet:1 

– 

– 

– 

– 
– 
– 

– 

– 
– 

– 
– 
– 
– 
– 
– 

Constitution  of  Liechtenstein  (Verfassung  des  Fürstentums  Liechtenstein,  LV), 
LGBl. 1921/15 as amended by LGBl. 2018/470; 
Act  on  Gender  Equality  Law  (Gleichstellungsgesetz,  GLG),  LGBl.  1999/96,  as 
amended by LGBl. 2011/212 and LGBl. 2015/33; amended by LGBl. 2016/505; 
Civil  Code  (Allgemeines  Bürgerliches  Gesetzbuch,  ABGB),  LGBl.  1967/34  (see  the 
currently relevant version); 
Penal Code (Strafgesetzbuch, StGB), LGBl. 1988/37 (see current version); 
Labour Code (Arbeitsgesetz), LGBl. 1967/6; 
Sickness  Insurance  Act  (Krankenversicherungsgesetz,  KVG),  LGBl.  1993/95  as 
amended by LGBl. 2013/6, LGBl. 2018/342; 
Occupational  Schemes  Act  (Gesetz  über  die  betriebliche  Personalvorsorge,  BPVG), 
LGBl. 2018/296; 
Invalidity Insurance Act (Invalidenversicherung, IVG), LGBl. 2006/244; 
Old-Age  Insurance  Act  (Alters-  und  Hinterlassenenversicherung,  AHVG),  LGBl. 
2006/24 as amended by LGBl. 2011/388 and LGBl. 2011/541 and LGBl. 2011/388, 
updated by LGBl. 2018/344; 
Accident Insurance Act (Unfallversicherung, UVersG), LGBl. 2006/89; 
Unemployment Insurance Act (Arbeitslosenversicherung, ALVG), LGBl. 2006/155; 
Marriage Act (Ehegesetz), LGBl 1993/53; 
Registered Partnership Act (Partnerschaftsgesetz), LGBl. 2011/350 
Commercial Code (Gewerbegesetz), LGBl. 2006/184; 
Law  on  the  Association  for  Human  Rights  (Gesetz  über  den  Verein  für 
Menschenrechte, VMRG), LGBl. 2016/504. 

1   https://www.gesetze.li/.  

5 

 
 
 
 
 
 
 
 
 
                                                   
1.3  Sources of law 

Implemented by national legislation in Liechtenstein are the following sources: 

CEDAW, New York 18 December 1979, entered into force for Liechtenstein on 21 January 
1996, LGBl. 1996 /164. 

Council Directive 79/7/EEC of 19  December 1978 on the progressive implementation of 
the principle of equal treatment for men and women in matters of social security, OJ 1979, 
L 6/24. 

Council  Directive  92/85/EEC  of  19  October  1992  on  the  introduction  of  measures  to 
encourage  improvements  in  the  safety  and  health  at  work  of  pregnant  workers  and 
workers  who  have  recently  given  birth  or  are  breastfeeding  (tenth  individual  directive 
within the meaning of Article 16(1) of Directive 89/391/EEC), OJ 1992, L 348/1. 

Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal 
treatment between men and women in the access to and supply of goods and services, OJ 
2004, L 373/37.  

Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the 
implementation  of  the  principle  of  equal  opportunities  and  equal  treatment  of  men  and 
women in matters of employment and occupation (recast), OJ 2006, L 204/23.  

Council  Directive  2010/18/EU  of  8  March  2010  implementing  the  revised  Framework 
Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC 
and repealing Directive 96/34/ EC, OJ 2010, L 68/13. 

Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the 
application of the principle of equal treatment  between men and women engaged in an 
activity in a self-employed capacity and repealing Council Directive 86/613/EEC, OJ 2010, 
L 180/1. 

6 

 
 
 
 
 
 
 
 
 
2 

General legal framework 

2.1  Constitution 

2.1.1  Constitutional ban on sex discrimination 

The  Constitution  of  Liechtenstein  does  not  include  a  specific  norm  prohibiting  sex 
discrimination. 

2.1.2  Other constitutional protection of equality between men and women 

Article 31(2) of the Constitution addresses equality between men and women. The Article 
concerned was amended in 1992.2 It briefly mentions that men and women have equal 
rights. According to this amendment, the adaptation of legislation in order for it to be in 
line with gender equality is regulated by the law. 

In  addition,  Article  31(1)  of  the  Constitution  contains  the  norm  that  all  nationals  of 
Liechtenstein  are  equal  before  the  law.  By  a  correct  interpretation  of  constitutional  law 
LGBl. 1971 No. 22, the legislator states that the expression ‘nationals’ includes all persons 
with the Liechtensteinian nationality, with no discrimination between the sexes.  

2.2  Equal treatment legislation 

In Liechtenstein, specific equal treatment legislation exists: The Gender Equality Act (GLG) 
was  created  in  1999  and  adapted  several  times  according  to  the  framework  of  EU 
legislation. The GLG covers gender equality and prohibits sex discrimination and promotes 
the  de  facto  equality  between  women  and  men.  The  GLG  does  not  address  any  other 
discrimination grounds.  

2   Amendment to the Constitution by the State Gazette (LGBl) 1992/81. 

7 

 
 
 
 
 
 
 
 
 
 
 
 
                                                   
3 

Implementation of central concepts 

3.1  General (legal) context 

3.1.1  Surveys on the definition, implementation and limits of central concepts of gender 

equality law 

There have been no surveys or reports published over the last years that provide insight 
into legal definition, implementation and limits of central concepts of gender equality law. 

3.1.2  Other issues 

To  the  knowledge  of  the  expert  there  are  no  other  issues  to  mention  in  relation  to  the 
central concepts of gender equality law. 

3.1.3  General overview of national acts 

The main concepts of EU gender equality law have been implemented in Liechtenstein by 
the Gender Equality Act (Gleichstellungsgesetz, GLG).  

3.1.4  Political and societal debate and pending legislative proposals 

To the knowledge of the expert there has been no political or societal debate on central 
concepts of gender equality so far. 

3.2  Sex/gender/transgender 

3.2.1  Definition of ‘gender’ and ‘sex’ 

There are no definitions of these terms in legislation. 

3.2.2  Protection of transgender, intersex and non-binary persons 

Pursuant  to  Article  3  GLG,  the  definition  of  the  prohibition  of  discrimination  states  that 
nobody  shall  be  discriminated  against  directly  or  indirectly  on  the  grounds  of  sex.  This 
could  allow  the  interpretation  that  the  prohibition  of  sex  discrimination  also  covers 
discrimination  due  to  gender  reassignment.  Such  an  interpretation  is  mentioned  in  the 
preparatory notes to the amendment of the GLG implementing Recast Directive 2006/54.3 
The  principle  of  equality  between  men  and  women  shall  not  only  apply  to  sex  but  also 
includes discrimination on the ground of gender reassignment with reference to Recital 3 
of Recast Directive 2006/54.  

3.2.3  Specific requirements 

As the legal norms are not mentioning any of the terms “transgender, intersex and non-
binary persons”, it can be concluded that they are protected under the characteristic of 
sex if the materials to the specific laws broach the issue of sex. To the expert´s knowledge, 
there has not yet been any case law applying and interpreting existing legislation on the 
topic of transgender persons. Thus, specific catalogues of criteria are not yet elaborated. 

3   BuA No. 132/2010, LGBl. 2011/212. 

8 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
3.3  Direct sex discrimination 

3.3.1  Explicit prohibition  

Sex discrimination is prohibited by Article 3 GLG. The definition of direct discrimination is 
contained in Article 1(a)(a) GLG and exactly follows the wording of Directive 2006/54/EC. 
It therefore complies with the EU definition. 

3.3.2  Prohibition of pregnancy and maternity discrimination 

Pursuant to Article 3 GLG, pregnancy and maternity discrimination are explicitly prohibited 
as  a  form  of  direct  sex  discrimination  according  to  Article  1(a)(a)  GLG.  Therefore,  the 
provision complies with Article 2(2)(c) of Recast Directive 2006/54. 

3.3.3  Specific difficulties 

There is no case law on applying the concept of direct sex discrimination. A rather likely 
reason for this is the persistent lack of awareness of all stakeholders involved in qualifying 
certain circumstances correctly according to sex discrimination legislation. 

3.4  Indirect sex discrimination 

3.4.1  Explicit prohibition 

Sex discrimination is prohibited by Article 3 GLG. The definition of indirect discrimination 
is  contained  in  Article  1(a)(b)  GLG  and  exactly  follows  the  wording  of  Recast  Directive 
2006/54/EC. It therefore complies with the EU definition. 

3.4.2  Statistical evidence 

To  the  knowledge  of  the  expert,  statistical  evidence  is  not  used  in  order  to  establish  a 
presumption of indirect sex discrimination because cases are not available. 

3.4.3  Application of the objective justification test 

There is no case law. 

3.4.4  Specific difficulties 

The specific difficulty is in fact that there is no case law on the gender equality topic. 

3.5  Multiple discrimination and intersectional discrimination4 

3.5.1  Definition and explicit prohibition 

There are no specific norms addressing these topics. To the expert´s knowledge there are 
no  proposals  pending  which  aim  to  incorporate  the  concept  of  multiple  discrimination 
and/or the concept of intersectional discrimination into national legislation. 

3.5.2  Case law and judicial recognition 

There is no case law. 

4   For more information, see Fredman, S. (2016), Intersectional discrimination in EU gender equality and non-
discrimination law, European network of legal experts in gender equality and non-discrimination, available 
at https://www.equalitylaw.eu/downloads/3850-intersectional-discrimination-in-eu-gender-equality-and-
non-discrimination-law-pdf-731-kb. 

9 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
3.6  Positive action 

3.6.1  Definition and explicit prohibition 

Positive action is allowed insofar as there is no discrimination if adequate measures are 
taken to achieve factual equality. This is laid down in Article 3(4)(a) GLG as an exception 
to  the  prohibition  of  sex  discrimination.  Its  definition  complies  with  the  EU  definition  of 
Article 157(4) TFEU.  

3.6.2  Conceptual  distinctions  between  ‘equal  opportunities’  and  ‘positive  action’  in 

national law 

The  national  law  does  not  consider  ‘equal  opportunities’  to  be  a  separate  concept  from 
‘positive action’. 

3.6.3  Specific difficulties  

To the expert’s knowledge there are no specific difficulties. 

3.6.4  Measures to improve the gender balance on company boards 

To the expert’s knowledge there are neither measures nor proposals pending nor are there 
any policy measures that address gender balance on company boards.  

The  only  source  that  could  be  found  which  partly  dealt  with  this  matter  was  the 
international  and  interregional  project  entitled  ‘Concern:  women  decide’  between 
Vorarlberg  in  Austria,  Graubünden  in  Switzerland,  and  Liechtenstein.5  In  this  study  the 
authors mentioned the results of very difficult research work over several months between 
November 2015 and March 2016 in Liechtenstein. As there are no gender-specific statistics 
for  women  in  decision-making  positions,  a  single  research  study  in  print  and  on  the 
internet  was  undertaken  for  each  of  the  36  companies  in  Liechtenstein,  to  disclose  the 
number  of  women  in  decision-making  positions.  In  these  companies  with  line  functions 
and supervisory boards, as well as in industrial regulatory bodies, not a single woman in 
a line function has been identified. Also, on the management boards and foundation boards 
there are rarely women. Nevertheless, 25-40 % of the members of the the management 
boards  of  the  National  Bank,  the  Liechtenstein  Broadcasting  Company,  Telecom 
Liechtenstein and the Public Transport Company are women. 

The expert is not aware of any specific plans in Liechtenstein to establish any approach 
addressing the gender balance issue on company boards in the near future. 

3.6.5  Positive action measures to improve the gender balance in other areas 

Since  2004,  more  than  200  women  have  successfully  completed  the  training  course  in 
politics  for  women.  The  participants  took  the  opportunity  to  empower  themselves  to 
actively  communicate,  decide  and  get  involved  in  politics.  The  course  emphasised  the 
imparting of specific knowledge and practical experience. It covered the following topics 
in  a  total  of  six  modules:  political  engagement  –  a  challenge  for  me?;  positioning;  the 
political  systems  of  Liechtenstein  and  Vorarlberg;  rhetoric  and  reasoning;  political 
structures; conflict management; public relations and media training. Since 2008, three 
modules take place in Liechtenstein and three take place in Austria. As part of the course, 
a network has been developed which functions as an information pool, a contact network 

5   Interreg Report on Liechtenstein 2016, p. 38, see http://www.llv.li/files/scg/final-liechtenstein-v-3docx.pdf. 

See further details on the internet on the following websites: 
http://www.interreg.org/projekte/P1/SZ3/ABH017 and for the individual report on Liechtenstein see 
http://www.llv.li/files/scg/final-liechtenstein-v-3docx.pdf. 

10 

 
 
 
 
 
 
 
 
 
 
 
 
                                                   
 
and support for each participant. This course is designed to encourage women to have a 
positive view on political careers.6  

3.7  Harassment and sexual harassment 

3.7.1  Definition and explicit prohibition of harassment 

Pursuant  to  Article  4(1)  GLG,  harassment  is  explicitly  prohibited.  The  definition  is 
contained in Article 1(a)(c) GLG and follows that in Recast Directive 2006/54.  

3.7.2  Scope of the prohibition of harassment 

According to Articles 4, 4(a) and (b) GLG, the definition of harassment covers employment 
and also covers the scope of the access to and the supply of goods and services as required 
by Directive 2004/113/EC.  

3.7.3  Definition and explicit prohibition of sexual harassment 

Pursuant to Article 4(1) GLG, sexual harassment is explicitly prohibited. The definition is 
contained in Article 1(a)(d) GLG and follows that in Recast Directive 2006/54.  

3.7.4  Scope of the prohibition of sexual harassment 

According  to  Articles  4,  4(a)  and  (b)  GLG,  the  definition  of  sexual  harassment  covers 
employment as well as the scope of the access to and supply of goods and services. 

3.7.5  Understanding of (sexual) harassment as discrimination 

Article 4(2) GLG also specifies that harassment and sexual harassment, as well as any less 
favourable treatment based on the person’s rejection of or submission to such conduct, 
amounts to discrimination according to Article 2(2)(a) of Directive 2006/54. 

3.7.6  Specific difficulties  

The specific difficulty is in fact that there is no case  law on the topics ‘harassment’ and 
‘sexual harassment’. 

3.8  Instruction to discriminate 

3.8.1  Explicit prohibition 

According to Article 3(3) and Article 4(1) GLG, the instruction to discriminate is explicitly 
prohibited and considered as discrimination on the grounds of sex. 

3.8.2  Specific difficulties 

There are no specific difficulties. 

3.9  Other forms of discrimination 

There are no other forms of discrimination prohibited in national law.  

6   For more information see: http://www.llv.li/#/117780/politiklehrgang. 

11 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
3.10 Evaluation of implementation 

The  national  law  has  to  be  considered  as  implementing  EU  law  concepts  rather 
satisfactorily. The main point is the lack of case law, giving no insight of real application 
of the norms in practice. 

3.11 Remaining issues 

There are no remaining issues regarding the central concepts of gender equality law that 
have not been discussed so far. 

12 

 
 
 
 
 
4 

Equal  pay  and  equal  treatment  at  work  (Article  157  of  the  Treaty  on  the 
Functioning of the European Union (TFEU) and Recast Directive 2006/54) 

4.1  General (legal) context 

4.1.1  Surveys on the gender pay gap and the difficulties of realising equal pay 

To  the  expert´s  knowledge  there  are  no  reports  that  have  been  published  that  provide 
insights into specific factors that explain the gender pay gap and difficulties that hamper 
the realisation of equal pay for women and men. 

4.1.2  Surveys on the difficulties of realising equal treatment at work 

There are no surveys that provide insights into specific factors that prevent the realisation 
of equal treatment at work. 

4.1.3  Other issues 

There is a survey7 dated from 2017 with references to data from 2014 concerning statistics 
about wages of women and men in different sectors. It is only a collection of data of how 
much men and women earn according to their profession, nationality and age. One cannot 
find any further explication about difficulties that hamper the realisation of equal pay for 
women and men. 

4.1.4  Political and societal debate and pending legislative proposals 

Political and societal debates take place very rarely and pending legislative proposals on 
the principles of equal pay and equal treatment at work are non-existent.  

4.2  Equal pay 

4.2.1  Implementation in national law 

Article 3(2)(c) GLG implements the principle of equal pay and the definition corresponds 
to the wording of Recast Directive 2006/54.  

4.2.2  Definition in national law 

Article 1(a)(e) of the GLG in conjunction with Paragraph 1173(a) Article 9(3) of the Civil 
Code implement the concept of pay and the definition corresponds to the wording of Recast 
Directive 2006/54. This definition also complies with the definition of Article 157(2) TFEU. 

4.2.3  Explicit implementation of Article 4 of Recast Directive 2006/54 

Article 3(1) and Article 3(2)(c) of the GLG in conjunction with Paragraph 1173(a) Article 
9(3) of the Civil Code implement Article 4 of the Recast Directive. The norm in the Civil 
Code was first introduced in 1993 and contains the prohibition of unequal pay for equal 
and equivalent work for men and women. Then Article 3(1) of the GLG implemented the 
prohibition of direct and indirect discrimination including the same criteria for both men 
and women in job classifications (Article 3(2)(c) GLG).  

4.2.4  Related case law 

There is no case law related to the topics in 4.2.3. 

7   Menschenrechte in Liechtenstein, Zahlen und Fakten (Human Rights in Liechtenstein, facts and figures), 
published by the Government of Liechtenstein, authored by Wilfried Marxer, Patricia Hornich and Sarah 
Nigg, 2017, pp. 42-45, https://www.llv.li/files/asd/2017-mr-bericht-def.pdf. 

13 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
4.2.5  Permissibility of pay differences 

As there is no case law on the topic, justifications to allow for pay differences have not yet 
been elaborated in Liechtenstein’s legislation. 

4.2.6  Requirement for comparators 

A comparator is not required.  

4.2.7  Existence of parameters for establishing the equal value of the work performed 

Information campaigns in Liechtenstein on equal pay to raise awareness of all stakeholders 
involved are a certain indicator that instruments are needed in relation to the application 
of the principle of equal pay for equal work and work of equal value in practice. There is 
no case law on the topic, therefore specific difficulties have not yet been documented in 
judgments by the courts. 

4.2.8  Other relevant rules or policies 

There are no other rules and parameters. 

4.2.9  Wage transparency 

There is no case law dealing with wage transparency. 

4.2.10 Implementation of the transparency measures set out by European Commission’s 
Recommendation  of  7  March  2014  on  strengthening  the  principle  of  equal  pay 
between men and women 

To the expert´s knowledge no measures have been implemented. 

4.2.11 Other measures, tools or procedures 

No other measures can be mentioned. 

4.3  Access to work, working conditions and dismissal 

4.3.1  Definition of the personal scope (Article 14 of Recast Directive 2006/54) 

Pursuant to Article 2 GLG, gender equality applies to all private and public employment 
contracts as well as other working environments, like self-employment. Article 3(1) GLG 
stipulates the prohibition of direct and indirect discrimination based on gender. According 
to Paragraph 1173(a) Article 1(1) of the Civil Code (ABGB), an employee is obliged to work 
for the employer for a  limited or unlimited period of time for a salary  based on time or 
task, including part-time work. 

4.3.2  Definition of the material scope (Article 14(1) of Recast Directive 2006/54) 

National  implementing  legislation  has  transposed  the  material  scope  of  application  of 
Article 14(1)(a)-(d) of Directive 2006/54 by norms of the Civil Code (ABGB) and the GLG. 
In  Article  3(2)(a)-(d)  GLG  the  wording  has  even  literally  copied  the  wording  of  the 
Directive. Regarding atypical employment contracts, Paragraph 1173(a) Article 8(b) ABGB 
regulates  equal  treatment  of  full-time  and  part-time  workers  as  well  as  workers  with 
temporary contracts and unlimited contracts. Case law is lacking in this field. 

14 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
4.3.3  Implementation of the exception on occupational activities (Article 14(2) of Recast 

Directive 2006/54) 

Article 3(4)(b) of the GLG contains the exception regarding discrimination if a difference 
of treatment is made based on a characteristic related to sex, by reason of the nature of 
the particular occupational activity concerned or of the context in which it is carried out, if 
such a characteristic constitutes a genuine and determining occupational requirement. To 
the  expert´s  knowledge  there  is  no  information  available  on  the  assessment  of  the 
occupational activities referred to in Article 14(2) of Recast Directive 2006/54. There have 
been no legislative changes in this regard in the GLG. 

4.3.4  Protection  against  the  non-hiring,  non-renewal  of  a  fixed-term  contract,  non-
continuation  of  a  contract  and  dismissal  of  women  connected  to  their  state  of 
pregnancy and/or maternity 

From the point of legislation, protection is sufficient in cases of pregnancy and maternity, 
but the lack of case law still shows an uncertainty so that one cannot refer to jurisprudence 
to confirm the sufficient protection. According to Paragraph 1173(a) Article 49(1)(b) ABGB, 
the employer is not allowed to dismiss an employee during her pregnancy and up to 16 
weeks after childbirth. There is no specific protection against dismissal for workers who 
take  maternity  leave  but  if  the  employer  gives  notice  only  to  avoid  the  exercise  of  the 
rights  of  the  employee  based  on  the  employment  contract  (in  this  case  the  right  to 
maternity leave), the notice is considered discriminatory according to Paragraph 1173(a) 
Article 46(a)(1)(c) or (d) ABGB. Such a notice can be formally objected to in writing by 
the employee. 

4.3.5  Implementation  of  the  exception  on  the  protection  for  women  in  relation  to 

pregnancy and maternity (Article 28(1) of Recast Directive 2006/54) 

Article 3(1) of the GLG contains the exception on protection for women, in particular as 
regards pregnancy and maternity. 

4.3.6  Particular difficulties 

To the expert´s knowledge there are no particular difficulties documented. 

4.3.7  Positive action measures (Article 3 of Recast Directive 2006/54)  

Positive action is allowed insofar as there is no  discrimination if adequate measures are 
taken to achieve factual equality. This is laid down in Article 3(4)(a) GLG as an exception 
to the prohibition of the sex discrimination. Its definition complies with the EU definition 
of Article 157(4) TFEU. To the expert´s knowledge Liechtenstein has not made use of the 
adoption of specific positive measures to ensure full equality.   

4.4  Evaluation of implementation 

In principle, national law seems to be satisfactory, but because of the lack of case law, 
this is not yet proved in judicial practice.  

4.5  Remaining issues 

There are no other issues to be mentioned. 

15 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
5 

Pregnancy,  maternity,  and  leave  related  to  work-life  balance  for  workers 
(Directive 92/85, relevant provisions of Directives 2006/54 and 2010/18)8 

5.1  General (legal) context 

5.1.1  Surveys and reports on the practical difficulties linked to work-life balance 

In Liechtenstein no reports have been published that provide insights into difficulties that 
workers face in practice in relation to work-life balance issues. 

5.1.2  Other issues 

In  Liechtenstein  many  more  women  than  men  work  part-time  if  they  have  family 
responsibilities.  Family  structures  are  still  following  gender  stereotypical  behavioural 
patterns.  If  leave  is  used,  it  is  taken  mainly  by  women  to  look  after  children  or  elderly 
family members in need of care. Often women do not even take family leave but interrupt 
their professional careers to dedicate several years to unpaid family work and restart again 
in part-time jobs on lower levels than they left before. 

5.1.3  Overview of national acts on work-life balance issues 

There  are  national  acts  that  contain  provisions  on  work-life  balance  issues,  in  the 
amendment of the Civil Code in Paragraph 1173(a) Article 34(a) to 34(c) ABGB concerning 
parental leave. 

5.1.4  Political and societal debate and pending legislative proposals 

There has been very little political and societal debate and there are no pending legislative 
proposals on work-life balance. 

5.2  Pregnancy and maternity protection 

5.2.1  Definition in national law 

The law does not include a definition of a pregnant worker.  

5.2.2  Obligation to inform employer 

There is no specific obligation in law to inform the employer at a specific moment about 
the pregnancy. According to  Paragraph 1173(a) Article 49(1)(b) ABGB, the  employer is 
not  allowed  to  dismiss  an  employee  during  her  pregnancy  and  up  to  16  weeks  after 
childbirth.  Pursuant  to  Article  35(a)  of  the  Labour  Code,  pregnant  women  and 
breastfeeding mothers can only be employed with their consent. They are allowed to leave 
work by simple notification. 

5.2.3  Case law on the definition of a pregnant worker, a worker who has recently given 

birth and/or a worker who is breastfeeding 

There is no case law on the topic. 

8   See Masselot, A. (2018), Family leave: enforcement of the protection against dismissal and unfavourable 
treatment, European network of legal experts in gender equality and non-discrimination, available at 
https://www.equalitylaw.eu/downloads/4808-family-leave-enforcement-of-the-protection-against-
dismissal-and-unfavourable-treatment-pdf-962-kb and McColgan, A. (2015), Measures to address the 
challenges of work-life balance in the EU Member States, Iceland, Liechtenstein and Norway, European 
network of legal experts in gender equality and non-discrimination, available at 
https://www.equalitylaw.eu/downloads/3631-reconciliation. 

16 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
5.2.4  Implementation of protective measures (Article 4-6 of Directive 92/85) 

Articles 35, 35(a) and 35(b) of the Labour Code regulate health protection, occupational 
activities, alternative work (equivalent work which replaces the actual work of a pregnant 
worker because it is too dangerous to her health) and the continued payment of wages 
during  maternity,  in  particular  during  employment  whilst  pregnant.  According  to  these 
provisions,  working  conditions  for  pregnant  workers  and  women  who  are  breastfeeding 
have to be adapted so that their health and that of their children are not affected. Pregnant 
women  and  breastfeeding  mothers  can  only  be  employed  with  their  consent.  They  are 
allowed to leave work by simple notification. Breastfeeding mothers are entitled to time 
off which is necessary for breastfeeding. Women are not allowed to work for eight weeks 
after  childbirth.  In  the  case  of  a  medical  indication  at  any  other  moment  during  the 
pregnancy and for the  period between 8 and  26 weeks after childbirth, the employer is 
obliged to offer them equal work between 6 a.m. and 8 p.m.. Women are entitled to the 
continued payment of 80 % of their salary plus adequate compensation for the rest if their 
employer  is  not  able  to  offer  them  equal  work  between  6  a.m.  and  8  p.m..  During  the 
entire period described, the woman must not be deprived of any advantage with respect 
to her professional position in the company, her seniority or any promotion linked to her 
regular work.  

5.2.5  Case law on issues addressed in Articles 4 and 5 of Directive 92/85 

There is no case law on the topic. 

5.2.6  Prohibition of night work 

According to Article 35(a) of the Labour Code, pregnant workers are not allowed to work 
between 8 p.m. and 6 a.m. during the eight weeks preceding the expected childbirth. The 
employer  is  obliged  to  offer  them  equal  work  between  6  a.m.  and  8  p.m..  Women  are 
entitled to the continued payment of 80 % of their salary plus adequate compensation for 
the rest if their employer is not able to offer them equal work between 6 a.m. and 8 p.m.. 
During the entire period described, the woman must not be deprived of any advantage 
with respect to her professional position in the company, her seniority or any promotion 
linked to her regular work. In the expert´s view, this implementation is correct, since all 
the points in Article 7 mentioned in Directive 92/85 are covered by national legislation. 

5.2.7  Case law on the prohibition of night work 

There is no case law on the topic. 

5.2.8  Prohibition of dismissal  

According  to  Paragraph  1173(a)  Article  49(1)(b)  ABGB,  the  employer  is  not  allowed  to 
dismiss an employee during her pregnancy and up to 16 weeks after childbirth. Dismissal 
in exceptional cases is permitted in Paragraph 1173(a) Article 53(1) ABGB.  Pursuant to 
Paragraph 1173(a) Article 18(3) ABGB, the employer has to pay the same salary during 
pregnancy and confinement. Maternity leave follows childbirth for 16 to 20 weeks, during 
which  period  80 %  of  the  insured  salary  (basis  for  the  calculation  of  social  security 
benefits) is paid to the employee. 

5.2.9  Redundancy and payment during maternity leave 

According  to  Paragraph  1173(a)  Article  49(1)(b)  ABGB,  the  employer  is  not  allowed  to 
dismiss an employee during her pregnancy and up to 16 weeks after childbirth. Maternity 
leave follows childbirth for 16 to 20 weeks, during which period 80 % of the insured salary 
is paid to the employee. 

17 

 
 
 
 
 
 
 
 
 
 
 
 
5.2.10 Employer’s obligation to substantiate a dismissal 

Dismissal in ordinary cases is prohibited, but dismissal in exceptional cases is permitted; 
here the employer must cite important grounds in writing (Paragraph 1173(a) Article 53(1) 
ABGB). Such an important ground is any fact that makes it unacceptable, in the bona fide 
sense, for the employer to continue the employment contract.9 The court has to decide if 
such  a  ground  is  duly  substantiated.  In  any  case,  the  fact  that  the  pregnant  worker  is 
incapacitated must not be considered as an important ground (Paragraph 1173(a) Article 
53(2) and (3)). 

5.2.11 Case law on the protection against dismissal 

There is no case law on the topic. 

5.3  Maternity leave 

5.3.1  Length 

According to Article 15 of the Sickness Insurance Act (KVG), maternity leave is 20 weeks. 

5.3.2  Obligatory maternity leave 

Pursuant  to  Article  15  KVG,  at  least  16  of  the  20  weeks  of  maternity  leave  have  to  be 
taken after childbirth. Four weeks can be taken before childbirth. It is also possible to take 
all 20 weeks after childbirth. Women having given birth are not allowed to work for eight 
weeks after childbirth (Article 35(a)(3) Labour Code). 

5.3.3  Legal protection of employment rights (Articles 5, 6 and 7 of Directive 92/85)  

Articles 35, 35(a) and 35(b) of the Labour Code regulate health protection, occupational 
activities, alternative work (equivalent work which replaces the actual work of a pregnant 
worker because it is too dangerous to her health) and  the continued payment of wages 
during  maternity,  in  particular  during  employment  whilst  pregnant.  During  the  entire 
period described, the woman must not be deprived of any advantage with respect to her 
professional position in the company, her seniority or any promotion linked to her regular 
work (Article 35(b) Labour Code). 

5.3.4  Legal protection of rights ensuing from the employment contract  

Pursuant  to  Article  35(b)  of  the  Labour  Code,  the  woman  must  not  be  deprived  of  any 
advantage with respect to her professional position in the company, her seniority or any 
promotion linked to her regular work, including 80 % of the regular salary if she cannot 
continue working (Paragraph 1173(a) Article 18(3) ABGB). This applies during the entire 
period of pregnancy and maternity. According to Article 14 and 15 KVG, the employee has 
the right to receive 80 % of her insured salary during maternity leave.  

5.3.5  Level of pay or allowance 

As referred to in Paragraph 1173(a) Article 18(3) ABGB and Article 35(b)  of the Labour 
Code and Articles 14 and 15 KVG, pay or the allowance is at the same level as sick leave, 
i.e. 80 % of the insured salary of the employee, paid by the sickness insurance company. 
In principle, there is no ceiling in absolute numbers stipulated in national law  because it 
will result from the individual situation of the employee in the three-pillar social security 

9   For instance, this could include the situation of an employee stealing from the employer. However, the law 
does not define such cases, and as every case is exceptional, it is too difficult to generalise the grounds in 
such delicate situations.  

18 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
system of Liechtenstein. Therefore, the law refers to amounts in percentages of the insured 
income. 

5.3.6  Additional statutory maternity benefits 

To the expert´s knowledge this is uncertain, but it is quite conceivable that employers also 
negotiate  individual  solutions  with their  employees  because  this is  an  important  part  of 
the working culture in Liechtenstein.  

5.3.7  Conditions for eligibility (Article 11(4) of Directive 92/85) 

Paragraph 1173(a) Article 18(3) ABGB stipulates that the employer has to continue to pay 
salary to the employee during absence due to pregnancy and childbirth, provided that the 
employment  contract  was  concluded  for  a  period  of  at  least  three  months,  or  that  the 
employment relationship has already lasted for more than three months. Article 15 KVG 
provides  that  benefits  shall  be  paid  to  women  for  20  weeks,  at  least  16  of  which  after 
childbirth, provided that the woman in question was insured before childbirth for a period 
of at least 270 days, of which three months must have been consecutive. 

5.3.8  Right to return to the same or an equivalent job (Article 15 of Directive 2006/54) 

Under Paragraph 1173(a) Article 36(b) ABGB, after maternity leave, women return to their 
jobs or to equivalent jobs on terms and conditions that are no less favourable to them, 
and they benefit from any improvement in working conditions to which they would have 
been entitled during their absence. 

5.3.9  Legal right to share maternity leave 

There is no right to share maternity leave. 

5.3.10 Case law 

There is no case law on the topic. 

5.4  Adoption leave 

5.4.1  Existence of adoption leave in national law 

Paragraph 1173(a) Article 34(a)(1)(b) ABGB provides for an adoption leave of four months 
which  is  not  paid.  The  age  limit  for  adopted  children  is  five.  If  the  employee  has  been 
employed for more than a year, or if the contract is concluded for more than one year, the 
employee is entitled to four months’ adoption leave. In the case of successive fixed-term 
contracts with the same employer, the sum of these contracts is taken into account for 
the purpose of calculating the qualifying period. The employee as parent shall live together 
in the same household with the child and care for the child mainly him- or herself. 

5.4.2  Protection against dismissal (Article 16 of Directive 2006/54) 

There is no specific protection against dismissal for workers who take adoption leave but 
if the employer gives notice only to avoid the exercise of the rights of the employee based 
on  the  employment  contract  (in  this  case,  the  right  to  adoption  leave),  the  notice  is 
considered  discriminatory  according  to  Paragraph  1173(a)  Article  45(c)  ABGB.  Such  a 
notice can be formally objected to in writing by the employee. After the end of the adoption 
leave – pursuant to Paragraph 1173(a) Article 34(c) ABGB – the employee has the right 
to return to his or her former job or, if this is not possible, to equivalent or similar work 
on terms and conditions which are no less favourable to him or her. 

19 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
5.4.3  Case law 

There is no case law on the topic. 

5.5  Parental leave 

5.5.1  Implementation of Directive 2010/18 

By  amendment  of  the  Civil  Code10  –  Paragraph  1173(a)  Article  34(a)  to  34(c)  ABGB  – 
Directive 2010/18 has been explicitly implemented in Liechtenstein. 

5.5.2  Applicability to public and private sectors (Clause 1 of Directive 2010/18) 

National legislation is applicable to both public and private employment contracts. 

5.5.3  Scope of the transposing legislation 

National legislation also covers contracts of employment related to part-time work, fixed-
term work or contracts with a temporary agency. 

5.5.4  Length of parental leave 

The total duration of parental leave is four months. 

5.5.5  Age limits 

Pursuant to Paragraph 1173(a) Article 34(a)(a)(1)(a) ABGB, workers are entitled to take 
parental leave until the child is three years old. 

5.5.6  Individual nature of the right to parental leave  

The right to parental leave is individual. 

5.5.7  Transferability of the right to parental leave  

The  right  to  parental  leave  is  not  transferable  from  one  parent  to  the  other.  For  each 
parent four months are reserved. No extension of this period is provided for by law. 

5.5.8  Form of parental leave 

The employee is entitled to take parental leave on a full-time, part-time or hourly basis, 
taking into account the justified interests of the employer and the employee. 

5.5.9  Work and/or length of service requirements (Clause 3(b) of Directive 2010/18)  

Paragraph 1173(a) Article 34(a)(1) and (2) ABGB provides that if the employee has been 
employed for more than a year or if the contract is concluded for more than one year, the 
employee is entitled to four months of parental leave. In the case of successive fixed-term 
contracts with the same employer, the sum of these contracts is taken into account for 
the purpose of calculating the qualifying period. 

5.5.10 Notice period 

The notice period is three months, and the employee has to notify the start and the end 
of the parental leave. 

10   State Gazette, LGBl. 2012/402. 

20 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
5.5.11 Postponement of parental leave (Clause 3(c) of Directive 2010/18) 

The  employer  may  request  that  the  employee  selects  a  different  period  if  there  are 
reasonable work-related grounds, such as the fact that the work in question is seasonal 
work, that no replacement can be found in time, that a certain number of employees are 
all asking for parental leave at the same time, or because the employee´s position in the 
company is of strategic importance. 

5.5.12 Special arrangements for small firms (Clause 3(d) of Directive 2010/18) 

According to Paragraph 1173(a) Article 34(b)(3) ABGB, in companies with fewer than 30 
employees the employer has the right to defer the period of parental leave in all cases 
where the planned leave would interfere with the operations of the company. 

5.5.13 Special rules and exceptional conditions for parents of children with a disability or 

long-term illness (Clause 3(3) of Directive 2010/18) 

To the expert’s knowledge there are no such special rules. 

5.5.14 Measures addressing the specific needs of adoptive parents (Clause 4 of Directive 

2010/18) 

There are no further measures to address specific needs of adoptive children except for 
the  higher  maximum  age  of  five  years  of  the  adopted  child  compared  to  the  biological 
child. 

5.5.15 Provisions  protecting  workers  against  less  favourable  treatment  or  dismissal 

(Clause 5(4) of Directive 2010/18) 

There is no specific protection against dismissal for workers who take parental leave but 
if the employer gives notice only to avoid the exercise of the rights of the employee based 
on  the  employment  contract  (in  this  case  the  right  to  parental  leave),  the  notice  is 
considered discriminatory according to Paragraph 1173(a) Article 46(a)(1)(c) or (d) ABGB. 
Such a notice can be formally objected to in writing by the employee. 

5.5.16 Right to return to the same or an equivalent job (Clause 5(1) of Directive 2010/18) 

After the end of parental leave – pursuant to Paragraph 1173(a) Article 34(c) ABGB – the 
employee  has  the  right  to  return  to  his  or  her  former  job  or,  if  this  is  not  possible,  to 
equivalent or similar work on terms and conditions which are no less favourable to him or 
her. 

5.5.17 Maintenance of rights acquired or in the process of being acquired by the worker 

(Clause 5(2) of Directive 2010/18) 

According to Paragraph 1173(a) Article 34(c)(1) ABGB, all rights acquired or in the process 
of being acquired by the worker on the date on which parental leave starts are maintained 
as they stand until the end of the parental leave. 

5.5.18 Status of the employment contract or relationship during parental leave 

The employment contract is suspended during the period of parental leave. 

5.5.19 Continuity of entitlement to social security benefits 

The  employee  has  to  pay  the  contributions  for  social  benefits  during  parental  leave. 
Healthcare is always a private duty for people living in Liechtenstein. 

21 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
5.5.20 Remuneration 

Parental leave is not remunerated by the employer because it is unpaid leave. 

5.5.21 Social security allowance 

The  social  security  system  in  Liechtenstein  does  not  provide  for  an  allowance  during 
parental leave.  

5.5.22 More favourable provisions (Clause 8 of Directive 2010/18) 

Liechtenstein only aimed at the implementation of the minimum requirements of Directive 
2010/18. 

5.5.23 Case law  

There is no case law on the topic. 

5.6  Paternity leave 

5.6.1  Existence of paternity leave in national law 

Liechtenstein legislation does not provide for paternity leave. 

5.6.2  Protection against unfavourable treatment and/or dismissal (Article 16 of Directive 

2006/54) 

Liechtenstein legislation does not provide for paternity leave. 

5.6.3  Case law 

There is no case law on the topic. 

5.7  Time off/care leave 

5.7.1  Existence of care leave in national law (Clause 7 of Directive 2010/18) 

Paragraph 1173(a) Article 29(5) ABGB governs the absence of employees in the event of 
force majeure for urgent family reasons. Employees are entitled to time off from work for 
one  to  three  days  per  incidence  in  the  case  of  sickness  or  accident  of  family  members 
living in the same household, evidenced by medical certificate. This applies only until other 
care is organised and is not applicable if a child is e.g. in hospital and the care is provided 
for there. It is paid leave pursuant to Paragraph 1173(a) Article 18(3) ABGB, provided that 
the employment contract was concluded for a period of at least three months, or that the 
employment  relationship has already lasted for more than three months. The employer 
has to continue to pay 80 % of the salary to the employee during the absence, as is also 
true in cases of absence due to illness. Generally, employees are also entitled to take such 
a period of time off from work several times per year. 

5.7.2  Case law  

There is no case law on the topic. 

5.8  Leave in relation to surrogacy 

Surrogacy is not allowed in Liechtenstein (Article 138(c) ABGB).  

22 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
5.9  Flexible working time arrangements 

5.9.1  Right to reduce or extend working time 

National law does not grant workers the legal right to  reduce working time on  request. 
Pursuant to Paragraph 1173(a) Article 36(a) of the Civil Code, the employer has to inform 
employees regarding part-time and fixed-term employment contracts. The employer shall 
consider requests from full-time workers who want to change to a part-time position, as 
far as possible. Moreover, the employer shall inform employees in a timely manner about 
available jobs in order to facilitate the change from part-time to full-time or the other way 
round. The employer also has to inform the trade union about the availability of such part-
time  work.  Working  part  time  is  not  restricted  to  certain  groups  or  based  on  specific 
conditions or eligibility criteria.  

Paragraph  1173(a)  Article  36(a)(d)  ABGB  stipulates  that  the  employer  shall  as  far  as 
possible facilitate the access of part-time workers to managerial positions and to vocational 
training and shall promote professional advancement and mobility. According to Paragraph 
1173(a)  Article  36(a)(2)  ABGB,  the  employer  has  to  inform  fixed-term  workers  about 
permanent posts that become vacant. In addition, the employer has to facilitate the access 
to  vocational  training  for  them  as  far  as  possible.  The  employer  also  informs  the  trade 
union about vacant fixed-term posts in the company. 

Pursuant to Paragraph 1173(a) Article 34(b)(4) ABGB, there is a possibility to take parental 
leave  in  the  form  of  part-time  work,  which  is  by  its  nature  intended  for  parents  and  is 
limited in time to the date that the child reaches three years old, or five years old in the 
case of adoption. Legitimate interests of both employer and employee are to be considered 
here. There is no allowance or payment to cover the shortfall in salary resulting from the 
reduced hours. 

5.9.2  Right to adjust working time patterns 

National  law  does  not  grant  workers  the  legal  right  to  adjust  working  time  patterns  on 
request. Pursuant to Paragraph 1173(a) Article 36(a) of the Civil Code, the employer has 
to inform employees regarding part-time and fixed-term employment contracts.  

5.9.3  Right to work from home or remotely  

To  the  expert´s  knowledge  there  is  no  legal  right  to  work  from  home  or  remotely, 
temporarily or otherwise, on request. It is an agreement between the employer and the 
employee if the interests of both parties are respected. 

5.9.4  Other legal rights to flexible working arrangements 

According  to  Article  36  of  the  Labour  Code,  protection  is  foreseen  for  employees  with 
family obligations, if they have to raise children aged up to 15 years or need to take care 
of relatives or persons closely connected with the family. This has to be taken into account 
when  fixing  their  working  hours.  Such  an  employee  can  choose  whether  they  agree  to 
work overtime, and he or she can ask for a lunch break of at least an hour and a half. 

5.9.5  Case law  

There is no case law on the topic. 

23 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
5.10 Evaluation of implementation 

In principle, national law has formally correctly implemented the EU law topics discussed 
in this chapter. The main problem for completely satisfactory implementation is still the 
lack of case law on the topics. 

5.11 Remaining issues 

There are no other remaining issues regarding the law on work-life balance. 

24 

 
 
 
 
 
 
 
6 

Occupational social security schemes (Chapter 2 of Directive 2006/54) 

6.1  General (legal) context 

6.1.1  Surveys  and  reports  on  the  practical  difficulties  linked  to  occupational  and/or 

statutory social security issues 

In  Liechtenstein  no  reports  have  been  published  that  provide  insights  into  difficulties 
workers face in practice in relation to social security issues. 

6.1.2  Other issues related to gender equality and social security 

There are no other relevant issues in relation to the social security system. 

6.1.3  Political and societal debate and pending legislative proposals 

There are very few societal debates and no legislative proposals pending on this topic. 

6.2  Direct and indirect discrimination 

Article 3(1) and (2)(e) and (f) GLG prohibit direct and indirect discrimination on grounds 
of sex in occupational social security schemes. 

There is no case law on the topic. 

6.3  Personal scope 

The  personal  scope  of  national  law  relating  to  occupational  social  security  systems 
corresponds to that specified in Article 6 of Directive 2006/54. According to Article 2 GLG, 
all  private  and  public  employment  contracts,  as  well  as  self-employed  persons,  are 
included.  Article  1(a)(f)  GLG  provides  for  application  to  persons  whose  activity  is 
interrupted  by  illness,  maternity,  invalidity,  old  age,  occupational  and  non-occupational 
accident, occupational disease and unemployment. There is no case law on the topic. 

6.4  Material scope 

The  material  scope  of  national  law  relating  to  occupational  social  security  systems 
corresponds to that specified in Article 7 of Directive 2006/54. Article 2 GLG applies to all 
private  and  public  employment  contracts  including  public  servants.  Article  1(a)(f)  GLG 
provides  for  application  to  persons  whose  activity  is  interrupted  by  illness,  maternity, 
invalidity, old age, occupational and non-occupational accident, occupational disease and 
unemployment.  Article  3(2)(f)  GLG  also  stipulates  the  prohibition  of  discrimination  for 
social  security  systems  which  provide  for  other  social  benefits,  in  particular  survivors’ 
benefits and family allowances. There is no case law on the topic. 

6.5  Exclusions 

Article  3(4)(d)  GLG  provides  for  an  exclusion  in  voluntary  occupational  social  security 
systems. For employers, different contributions can be determined in order to achieve the 
same or similar level of benefits for men and women or to complete the necessary funds 
covering the expenses of the insured benefits.  

25 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
6.6  Laws  and  case  law  falling  under  the  examples  of  sex  discrimination 

mentioned in Article 9 of Directive 2006/54 

Article 3(1) and (2)(e) and (f) GLG prohibit direct and indirect discrimination on grounds 
of sex in occupational social security schemes. These provisions prohibit sex discrimination 
as mentioned in Article 9 of Directive 2006/54. There is no case law on this topic. 

6.7  Actuarial factors 

Article 3(4)(c) GLG grants an exception to the prohibition of discrimination if sex is used 
as  an  actuarial  factor  for  the  benefits  or  contributions  in  voluntary  occupational  social 
security systems. There is no case law on this topic. 

6.8  Difficulties 

To the expert´s knowledge there are no specific difficulties in Liechtenstein in relation to 
occupational social security systems.  

6.9  Evaluation of implementation 

In principle, national law has formally correctly implemented the EU law topics discussed 
in this chapter. The main problem for completely satisfactory implementation is still the 
lack of case law on the topics.   

6.10 Remaining issues 

There are no remaining issues regarding occupational security systems. 

26 

 
 
 
 
 
 
 
 
 
 
 
7 

Statutory schemes of social security (Directive 79/7) 

7.1  General (legal) context 

7.1.1  Surveys and reports on the practical difficulties linked to statutory schemes of social 

security (Directive 79/7) 

In Liechtenstein no reports have been published that provide insights into difficulties that 
workers face in practice in relation to statutory social security schemes. 

7.1.2  Other relevant issues  

There are no other relevant issues in relation to statutory social security schemes. 

7.1.3  Overview of national acts 

The main relevant act is the Old-Age Insurance Act (AHVG) that provides for legislation 
on statutory schemes of social security. 

7.1.4  Political and societal debate and pending legislative proposals 

There are very few societal debates and no legislative proposals pending on this topic. 

7.2  Implementation of the principle of equal treatment for men and women in 

matters of social security 

Article 3(1) and (2)(e) and (f) GLG have implemented the principle of equal treatment for 
men and women in matters of social security. Direct and indirect discrimination on grounds 
of sex in statutory social security schemes is therefore prohibited, as regards the scope of 
such schemes and the conditions of access to them. Moreover, the obligation to contribute 
and the calculation of contributions shall occur without sex discrimination. Furthermore, 
the  law  provides  for  non-discrimination  of  the  calculation  of  benefits,  including 
supplementary  benefits  due  in  respect  of  a  spouse  or  dependants,  and  the  conditions 
governing the duration and retention of entitlement to benefits. 

7.3  Personal scope 

The  personal  scope  of  national  law  relating  to  statutory  social  security  systems 
corresponds to that specified in Article 2 of Directive 79/7. According to Article 2 GLG, all 
private and public employment contracts, as well as self-employed persons, are included. 
Article  1(a)(f)  GLG  provides  for  application  to  persons  whose  activity  is  interrupted  by 
illness,  maternity,  invalidity,  old  age,  occupational  and  non-occupational  accident, 
occupational disease and unemployment. There is no case law on this topic. 

7.4  Material scope 

The material scope of national law relating to statutory social security systems is broader 
than specified in Article 3 Paragraphs 1 and 2 of Directive 79/7. Article 2 GLG applies to 
all private and public employment contracts including public servants. Article 1(a)(f) GLG 
provides  for  application  to  persons  whose  activity  is  interrupted  by  illness,  maternity, 
invalidity, old age, occupational and non-occupational accident, occupational disease and 
unemployment. Article 3(2)(f) GLG also prohibits discrimination in social security systems 
which provide other social benefits, in particular survivors’ benefits and family allowances. 
There is no case law on this topic. 

27 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
7.5  Exclusions 

Since 2010, the pensionable age is equal for men and women, at 65 for both. Pursuant to 
Article 55 of the Old-Age Insurance Act (AHVG), an exclusion for the determination of the 
pensionable  age  under  Directive  79/7  is  no  longer  maintained.  The  same  applies  to 
advantages for parents who dedicate time to the upbringing of their children, which are 
equally  divided  between  them  (unpaid  parental  leave).  They  benefit  from  so-called 
‘Erziehungsgutschriften’,  a  fictitious  income,  which  is  added  to  the  calculation  of  the 
pension for the period dedicated to family work. In any case, caring periods for children 
and other relatives in the same household count for less than the full crediting of work 
periods for pension purposes (Article 63 sexies (c) AHVG).  

7.6  Actuarial factors 

Since Article 3(1) and (2)(e) and (f) GLG implemented the principle of equal treatment for 
men and women in matters of social security, direct and indirect discrimination on grounds 
of  sex  in  statutory  social  security  schemes  is  prohibited,  including  the  calculation  of 
contributions and benefits. The exception to the prohibition of discrimination if sex is used 
as an actuarial factor for the benefits or contributions granted in Article 3(4)(c) GLG is not 
applicable to statutory social security systems. There is no case law on the topic.  

7.7  Difficulties 

To the expert´s knowledge there are no relevant difficulties in relation to implementing 
Directive 79/9.  

7.8  Evaluation of implementation 

In principle, national law has formally correctly implemented the EU law topics discussed 
in this chapter. The main problem for completely satisfactory implementation is still the 
lack of case law on the topics.   

7.9  Remaining issues 

There are no remaining issues regarding occupational security systems. 

28 

 
 
 
 
 
 
 
 
 
 
 
 
8 

Self-employed  workers  (Directive  2010/41/EU  and  some  relevant 
provisions of the Recast Directive) 

8.1  General (legal) context 

8.1.1  Surveys and reports on the specific difficulties of self-employed workers 

In Liechtenstein no reports have been published that provide insights into difficulties that 
self-employed workers face. 

8.1.2  Other issues 

There are no other relevant issues in relation to self-employed workers. 

8.1.3  Overview of national acts 

The main legislation transposing Directive 2010/41/EU is the GLG, the Sickness Insurance 
Act (KVG) and the Act providing for occupational pension schemes (BPVG). 

8.1.4  Political and societal debate and pending legislative proposals 

There is very little societal debate and no legislative proposals pending on this topic. 

8.2  Implementation of Directive 2010/41/EU 

The main legislation transposing Directive 2010/41/EU is the GLG, the Sickness Insurance 
Act  (KVG)  and  the  Act  providing  for  occupational  pension  schemes  (BPVG).  The 
transposition of Directive 2010/41 was carried out simultaneously with that of Directives 
2006/54  and  2004/113.  Liechtenstein  did  not  take  additional  measures  to  transpose 
Directive  2010/41  because  it  considered  transposition  into  national  legislation  as 
unnecessary, since the issues were already covered by existing law.  

8.3  Personal scope 

8.3.1  Scope 

Article  2(a)  of  Directive  2010/41  has  not  been  transposed  specifically  to  create  new 
definitions of self-employed workers or self-employment.  

8.3.2  Definitions 

The Commercial Code (CC) contains a definition of self-employment according to which it 
is a gainful activity at one’s own account and risk (Article 2(3) CC). This means that the 
already existing conditions, e.g. in the Old-age Insurance Act11 (AHVG), are relevant when 
defining the income of self-employed persons for insurance purposes (Article 42 AHVG). 

8.3.3  Categorisation and coverage 

In  general,  all  self-employed  workers  are  covered  when  applying  the  prohibition  of 
discrimination on the grounds of sex (Article 3(2) GLG). The agricultural sector is therefore 
also included (Article 15 AHVV – Regulation to the AHVG).12 

11   State Gazette, LGBl. 1952/29 as amended by 2018/344. 
12   State Gazette, LGBl. 1982/35 as amended by 2011/419. 

29 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
 
8.3.4  Recognition of life partners 

National legislation also recognises life partners (Article 54bis AHVG)13 by equal treatment 
of  spouses  and  life  partners,  marriages  and  registered  life  partnerships,  and  judicial 
dissolutions  of  life  partnerships  and  divorces.  Furthermore,  the  Act  on  Registered 
Partnerships14  (Part  G)  provides  for  the  compensation  for  partners  of  self-employed 
persons participating in the enterprise. The amount of the compensation is calculated on 
the  basis  of  the  nature  of  the  work  and  the  period  during  which  it  was  performed.  The 
standard of living of the spouses as a whole and the maintenance allowance are also taken 
into consideration in this calculation. 

8.4  Material scope 

8.4.1  Implementation of Article 4 of Directive 2010/41/EU 

Article  3(2)(a)  GLG  transposes  Article  4  of  Directive  2010/41  in  part  into  national  law. 
According  to  Article  3(2)(a)  GLG,  the  prohibition  of  direct  and  indirect  discrimination 
applies  to  the  access  to  self-employment  irrespective  of  the  field  of  activity  and 
professional position, including career advancement.  

8.4.2  Material scope 

Article  3  GLG  was  amended  in  the  framework  of  the  transposition  of  Directive  2006/54 
and has not added to the protection for self-employed persons by the implementation of 
Directive 2010/41. 

8.5  Positive action 

To the knowledge of the expert no specific positive action has been taken by Liechtenstein 
regarding gender equality in the area of self-employment. 

8.6  Social protection 

The  system  for  social  protection  in  Liechtenstein  covers  sickness,  accident,  maternity, 
pensions  and  invalidity  of  self-employed  workers.  The  mandatory  system  for  sickness, 
accident  and  maternity  insurance  is  laid  down  in  the  Sickness  Insurance  Act15  (KVG). 
Pursuant to Article 7 KVG, persons domiciled in Liechtenstein or working in Liechtenstein 
are insured for the costs of nursing, and this is mandatory for the self-employed and their 
spouses.  Furthermore,  self-employed  persons  can  be  insured  for  sickness  benefits  on  a 
voluntary  basis  (Article  8  KVG).  According  to  Article  34  of  the  Old-Age  Insurance  Act, 
AHVG,  self-employed  persons  are  insured  for  pensions  if  they  are  domiciled  in 
Liechtenstein. It is mandatory for self-employed persons and their spouses. Spouses and 
life partners are  equally treated (Article 54bis  AHVG). Under the  Occupational Schemes 
Act16 (BPVG), self-employed persons can be insured for old age, invalidity and death. It is 
voluntary for both the self-employed (Article 5 BPVG) and their spouses (Article 3(1)(e) 
BPVG). For all these insurances, self-employed persons have to pay contributions to the 
insurance companies periodically, based on their regular income. 

8.7  Maternity benefits 

Maternity benefits are governed by Articles 12-15 KVG and are only granted in cases where 
self-employed women or helping spouses have been insured on a voluntary basis according 
to Article 8(2) KVG. Insured women will receive a maternity allowance equivalent to 80 % 

13   State Gazette, LGBl. 1952/29 as amended by 2011/388. 
14   State Gazette, LGBl. 2011/350. 
15   State Gazette, LGBl. 1971/50 as amended by 2018/342. 
16   State Gazette, LGBl. 1988/12 as amended by 2018/296. 

30 

 
 
 
 
 
 
 
 
 
 
 
 
                                                   
of the insured income during a period of 20 weeks, of which at least 16 weeks have to be 
after childbirth, provided that the woman was insured before childbirth for a period of at 
least 270 days, of which 3 months must have been consecutive (Article 15(2) and 14(3) 
KVG). The maternity allowance therefore meets the requirement of sufficiency in Article 
8(3) subparagraph (a) of Directive 2010/41. 

To the knowledge of the expert no specific implementation measures have been taken in 
relation to Article 8(4) of this Directive. 

8.8  Occupational social security 

8.8.1  Implementation of provisions regarding occupational social security 

As  already  mentioned  above  under  point  8.2,  Liechtenstein  did  not  explicitly  transpose 
Directive 2010/41 into national legislation. Please see 8.6 regarding the implementation 
of Article 10 of Recast Directive 2006/54. 

8.8.2  Application  of  exceptions  for  self-employed  persons  regarding  matters  of 

occupational social security (Article 11 of Recast Directive 2006/54) 

To the expert´s knowledge Liechtenstein legislation has not made use of the exceptions 
for self-employed persons. 

8.9  Prohibition of discrimination 

Article  3(2)(a)  GLG  transposes  the  scope  of  application  of  Article  14(1)(a)  of  Directive 
2006/54. The wording in the GLG is taken literally from Directive 2006/54. 

8.10 Evaluation of implementation 

In principle, national law has formally correctly implemented the EU law topics discussed 
in this chapter. The main problem for completely satisfactory implementation is still the 
lack of case law on the topics.   

8.11 Remaining issues 

There are no remaining issues regarding self-employed persons. 

31 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
9 

Goods and services (Directive 2004/113)17 

9.1  General (legal) context 

9.1.1  Surveys and reports about the difficulties linked to equal access to and supply of 

goods and services 

In Liechtenstein no reports have been published that provide insights into difficulties that 
men and women may face in terms of equal access to and supply of goods and services. 

9.1.2  Specific  problems  of  discrimination 

in 

the  online  environment/digital 

market/collaborative economy 

To the expert´s knowledge no specific problems have emerged concerning the topic. 

9.1.3  Political and societal debate 

There is very little debate on this topic. 

9.2  Prohibition of direct and indirect discrimination 

Directive  2004/113  has  been  transposed  into  national  legislation  by  amendment  of  the 
GLG which entered into force on 8 June 2011. According to Article 4(a)(1) GLG, direct and 
indirect discrimination on grounds of sex in the access to goods and services is prohibited, 
as well as harassment and sexual harassment and the instruction to do this (Article 4(b) 
GLG). 

9.3  Material scope 

The material scope of Article 4(a) GLG corresponds to the scope of Article 3 of Directive 
2004/113. The wording is copied literally from Directive 2004/113 into national law. There 
is no case law on the topic. 

9.4  Exceptions 

Article  4(a)(4)(b)  and  (c)  GLG  provides  for  the  exceptions  from  the  material  scope  as 
specified in Article 3(3) of Directive 2004/113. The contents of media and advertising and 
the field of education are therefore excluded from the prohibition of discrimination. 

9.5  Justification of differences in treatment 

Article 4(a)(5)(b) GLG stipulates that no discrimination exists if the provision of goods and 
services exclusively or primarily to members of one sex is justified by a legitimate aim and 
the means of achieving that aim are appropriate and necessary. There is no case law on 
this topic.  

9.6  Actuarial factors 

National law does not ensure the content of Article 5(1) of Directive 2004/113  explicitly 
but recognises it implicitly by regulating the specific exceptions of Article 5(2) and (3) of 
Directive 2004/113 in the GLG. Differences are still allowed except when costs are related 
to pregnancy and maternity.  

17   See e.g. Caracciolo di Torella, E. and McLellan, B. (2018), Gender equality and the collaborative economy, 

European network of legal experts in gender equality and non-discrimination, available at 
https://www.equalitylaw.eu/downloads/4573-gender-equality-and-the-collaborative-economy-pdf-721-kb. 

32 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
9.7  Interpretation of exception contained in Article 5(2) of Directive 2004/113 

Article 4(a)(5)(c)(1)–(3) GLG implements Article 5(2) of Directive 2004/113 and is still in 
force because the Test-Achats ruling of the CJEU does not automatically affect EEA law. 
The  EEA  Committee  is  competent  there.  In  principle  the  CJEU  ruling  is  applicable  to 
exchanges  of  services  between  EU  residents.  Therefore,  differences  in  premiums  and 
benefits are still provided for.  

9.8  Positive action measures (Article 6 of Directive 2004/113) 

Positive action measures in relation to the access to and the supply of goods and services 
are  regulated  in  Article  4(a)(5)(a)  GLG.  To  the  knowledge  of  the  expert  there  are  no 
specific examples to report in this regard. There is no case law on the topic. 

9.9  Specific problems related to pregnancy, maternity or parenthood 

The prohibition of discrimination on the grounds of pregnancy, maternity or parenthood in 
relation to the access to and the supply of goods and services is regulated in Article 4(a)(1) 
GLG. There is no case law on this topic.  

9.10 Evaluation of implementation 

In principle, national law has formally correctly implemented the EU law topics discussed 
in this chapter. The main problem for completely satisfactory implementation is still the 
lack of case law on the topics.   

9.11 Remaining issues 

There are no remaining issues regarding goods and services. 

33 

 
 
 
 
 
 
 
 
 
 
 
 
10  Violence  against  women  and domestic violence  in  relation to  the Istanbul 

Convention 

10.1 General (legal) context 

10.1.1 Surveys and reports on issues of violence against women and domestic violence 

There are no specific surveys or reports on issues of violence against women and domestic 
violence, but the fifth country report of Liechtenstein to the CEDAW18 shall be mentioned. 
Some  information  about  interventions  of  the  police  in  cases  of  domestic  violence  from 
2001 to 2016 are listed; the numbers and the kind of intervention made by the police is 
briefly shown in two charts. 

10.1.2 Overview of national acts on violence against women, domestic violence and issues 

related to the Istanbul Convention 

The main legislation is laid down in the Penal Code (StGB) and the Penal Procedure Code 
(StPO)19 as well as in the Act on Aid for victims (OHG).20 

10.1.3 National provisions on online violence and online harassment 

To the expert´s knowledge there are no national provisions on the topic. 

10.1.4 Political and societal debate 

There is some political and societal debate on the topic. In cooperation with various NGOs, 
the Government participates in the yearly campaign ‘16 days against violence to women’ 
from 25 November to 10 December. This campaign aims at raising the awareness of the 
public  on  the  topic  of  violence  against  women,  making  people  more  familiar  with  the 
helplines and offering ways for non-violent solutions. 

10.2 Ratification of the Istanbul Convention 

Liechtenstein  signed  the  Council  of  Europe  Convention  on  preventing  and  combating 
violence  against  women  and  domestic  violence,  called  the  Istanbul  Convention,  on  10 
November 2016 in Strasbourg. The  Istanbul Convention is the first legally binding pan-
European  instrument  aiming  to  protect  women  and  girls  in  particular  from  any  form  of 
violence and particularly from domestic violence. By signing the Convention, after a formal 
decision  by  the  Government  on  5  October  2016,  Liechtenstein  sent  a  clear  sign  of 
supporting the aim of the Convention. 

The main points of the Istanbul Convention are the prevention of violence against women, 
the protection of victims and the consequent pursuit of the crimes under this Convention. 
A working group nominated by the Government in March 2016 has examined the prevailing 
legal norms regarding the requirements of the Convention. In its final report, the working 
group  concluded  that  Liechtenstein  already  largely  fulfils  the  standards  of  the  Istanbul 
Convention. 

According to national practice in Liechtenstein, international agreements are only ratified 
when the national norms fully correspond with the requirements of the convention. For a 
possible  ratification  of  the  Istanbul  Convention,  Liechtenstein  would  have  to  make  a 
reservation  regarding  the  provisions  concerning  the  residence  permit  status  of  victims. 
Additionally, there are some marginal gaps in the fields of jurisdiction, grounds for increase 
in penalties, and criminal law regarding norms against forced marriages. These gaps are 

18   See https://www.llv.li/files/aaa/5-landerbericht-cedaw-de.pdf, pp. 14-16. 
19   State Gazette, LGBl. 2012/26. 
20   State Gazette, LGBl. 2007/228. 

34 

 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
likely to be closed by the autonomous adaptation of parts of the revised Austrian Criminal 
Code  because  large  parts  of  the  legislation  in  Liechtenstein  mainly  derive  from  the 
reception of Austrian and Swiss law. These amendments were planned for 2018 but will 
probably only be realised in the near future. 

35 

 
 
 
 
 
11  Compliance  and  enforcement  aspects  (horizontal  provisions  of  all 

directives)  

11.1 General (legal) context 

11.1.1 Surveys  and  reports  about  the  particular  difficulties  related  to  obtaining  legal 

redress 

In  Liechtenstein  no  reports  have  been  published  that  provide  insights  into  particular 
difficulties that victims of gender discrimination face in practice in obtaining legal redress. 

11.1.2 Other issues related to the pursuit of a discrimination claim 

To the expert´s knowledge there are no other issues in relation to the topic. 

11.1.3 Political and societal debate and pending legislative proposals 

There is very little debate on the topic. 

11.2 Victimisation 

Article 7(a) GLG has implemented the provisions on victimisation in national legislation. 
The GLG includes a provision concerning the prohibition of any reprisals for the employee 
him/herself and any other employees involved in the case, as a reaction to a complaint 
within the business  or to any legal proceedings aimed at enforcing compliance with the 
principle  of  equal  treatment.  Furthermore,  specific  protection  in  the  case  of  so-called 
revenge dismissals is foreseen where persons are dismissed as a reaction to a complaint 
within the business  or to any legal proceedings aimed at enforcing compliance with the 
principle  of  equal  treatment  (Article  10  GLG).  In  the  expert´s  opinion,  the  protection 
against victimisation complies with the Directives. 

11.3 Access to courts 

11.3.1 Difficulties and barriers related to access to courts  

From  a  legal  point  of  view,  Article  5  GLG  safeguards  for  everyone  who  is  discriminated 
against on the grounds of sex the access to courts or administrative boards in order to use 
the  proper  remedy.  In  Liechtenstein  there  is  still  no  case  law  concerning  anti-
discrimination law and it is not easy to identify the reasons for this. Combined with other 
factors such as fear of victimisation, it is imaginable that people are deterred from filing a 
complaint  by  the  specific  situation  in  Liechtenstein.  After  all,  it  is  a  very  small  country 
where  nearly  everybody  knows  everyone  else,  and  anti-discrimination  lawsuits  are  still 
considered as very delicate issues in spite of all the useful awareness-raising campaigns 
initiated by the former Office of Equal Opportunities. 

11.3.2 Availability of legal aid 

As referred to in Article 19(2)(a) GLG, since January 2017, the Office of Social Services 
supports  alleged  victims  of  gender  discrimination  in  pursuing  their  complaints. 
Furthermore,  the  section  with  regard  to  women’s  issues  in  the  LANV  (employee 
association)  is  available  to  address  problems  concerning  gender  discrimination.  A  new 
independent institution called Association for Human Rights (Verein für Menschenrechte, 
VMR) in Liechtenstein was created by law.21 Its main task is to protect and promote human 
rights in Liechtenstein according to Article 4(1) of the Law on the VMR (VMRG). Pursuant 

21   Law on the VMR, LGBl. 2016/504. 

36 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
to Article 1(2) VMRG, the VMR also has the function of an independent ombudsperson for 
children and young people. 

11.4 Horizontal effect of the applicable law 

11.4.1 Horizontal effect of relevant gender equality law 

As member of the EEA, Liechtenstein is not affected by this question. 

11.4.2 Impact of horizontal direct effects of the charter after Bauer 

As member of the EEA, Liechtenstein is not affected by this question. 

11.5 Burden of proof 

According to Article 6 GLG, discrimination covered by Articles 3 to 4(b) GLG is assumed if 
the person concerned is able to furnish prima facie evidence. Liechtenstein has practically 
no case law concerning anti-discrimination law. Therefore, it is not clear how the shift of 
burden of proof will be applied in practice in sex discrimination cases.  

11.6 Remedies and sanctions  

11.6.1 Types of remedies and sanctions 

Pursuant  to  Article  5  and  Article  7(b)  GLG,  a  person  who  is  discriminated  against  by 
receiving unequal pay has the right to compensation for the difference in salary from the 
date of initiating proceedings to five years earlier, and after that date until the termination 
of the employment contract.  

According to Article 5(1)(a-c) GLG, a person discriminated against has the right to demand 
before  the  court  or  the  administrative  authority  that  any  imminent  discrimination  is 
forbidden or abolished, existing discrimination is removed, or a discrimination is stated in 
a declaratory judgment, if it is still disruptive.  

If any discrimination is found in refusing an appointment or in the termination of a private 
employment contract, the person in question is entitled to compensation on the basis of 
the determined salary (Article 7(c) GLG). In the first case, the prescription period is three 
months from the moment of the employee being informed of the refusal by the employer. 
In the second case, the person has to appeal to the employer in writing within the notice 
period  (normally  a  three-month  notice  period)  and  if  the  contract  is  not  continued,  the 
prescription period is six months from the end of the contract (Paragraph 1173(a) Article 
48 ABGB). The compensation for discrimination by refusing an appointment corresponds 
to a maximum amount of three monthly salaries. This amount is the same even if there 
are more persons demanding compensation. The compensation for discrimination in the 
termination  of  a  private  employment  contract  also  corresponds  to  the  amount  of  three 
monthly salaries in total, or at least EUR 4 600 respectively (CHF 5 000), when it concerns 
(sexual) harassment (Article 7(c)(3) GLG). 

Regarding private employment contracts, appealing to an arbitration board is obligatory 
under Article 11 GLG before bringing the claim to court. In fact, the arbitration board is 
actually  situated  at  the  court  itself;  in  practice,  the  ‘proceedings’  shall  start  with  the 
competent judge who has the function of an arbitration board (‘Schlichtungsstelle’). The 
same applies to cases in the area of goods and services. 

37 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
11.6.2 Effectiveness, proportionality and dissuasiveness 

From a theoretical legal view, it can be stated that the remedies and sanctions as described 
above  under  point  11.6.1  meet  the  standards  of  being  effective,  proportionate  and 
dissuasive. As there is no case law in gender equality matters, it is not possible to evaluate 
the application of these instruments in practice. 

11.7 Equality body  

Articles 18 and 19 GLG provided for the Gender Equality Commission and the Office for 
Equal Opportunities, but Article 18 GLG was abolished and Article 19 GLG was amended 
by a new GLG on 23 December 2016.22 By abolishing Article 18 GLG, the institution of the 
Gender Equality Commission was also officially abolished. Since March 2005 the Office for 
Equal Opportunities has dealt with equal opportunities, but on 1 January 2017 a new law 
entered into force and changed its name to Office for Social Services.23 Pursuant to Article 
19(1) and (2)(d) GLG, it is committed to doing work for legal and de facto gender equality. 
The Office for Social Services is to prepare opinions and participate in the process of the 
creation of law proposals insofar as it is relevant for gender issues. The competences for 
the Office for Social Services did not change compared to those of the former Office for 
Equal Opportunities. 

Formerly, Article 19(3) GLG explicitly stated that the Office for Equal Opportunities shall 
be independent with respect to its tasks of counselling public authorities and the private 
sector,  executing  public  relations  as  well  as  studies  and  recommendations  on  the 
appropriate  measures  to  public  authorities  and  the  private  sector.  This  Article  19(3)  no 
longer exists regarding the Office for Social Services. The social dialogue is guaranteed in 
Article 19(2)(e) GLG, by which the Office for Social Services is to cooperate with public or 
private institutions; the government report explains that the term ‘institutions’ shall also 
include the social partners. According to Article 19(2)(h) GLG, the Office for Social Services 
exchanges  information  with  the  competent  European  institutions  which  are  active  with 
regard to the protection against gender discrimination. 

In  addition  to  this,  a  new  independent  institution  called  Association  for  Human  Rights 
(Verein für Menschenrechte, VMR) in Liechtenstein was created by law.24 Its main task is 
to protect and promote human rights in Liechtenstein according to Article 4(1) of the Law 
on the VMR (VMRG). Pursuant to Article 1(2) VMRG, the VMR also has the function of an 
independent ombudsperson for children and young people. 

11.8 Social partners  

The social dialogue is guaranteed in Article 19(2)(e)  GLG, by which the Office for Equal 
Opportunities – since January 2017, the Office for Social Services – is to cooperate with 
public or private institutions; the government report explains that the term  ‘institutions’ 
shall also include the social partners. 

the 

bargaining 

(especially 

so-called  Gesamtarbeitsvertrag,  GAV, 
Collective 
Paragraph 1173(a)  Article  101  et  seq.  ABGB)  is  an  instrument  used  in  Liechtenstein’s 
private  law,  whose  function  is  rather  similar  to  the  law  itself.  This  particular  collective 
bargaining agreement (GAV) puts into force clauses between the parties which override 
individual  employment  contracts  and  partly  override  the  legal  regulations  and  can  also 
apply  to  third  parties.  The  GAV  is  mutually  agreed  and  signed  by  the  employees’ 
representatives (the trade union LANV) and by the representatives of the employers (the 
GWK). The contracting parties wish to achieve several goals by signing the GAV, such as 

22   For more details see the website of the Office for Social Services with the new chapter ‘equal opportunities’ 

since January 2017 http://www.llv.li/#/117687/chancengleichheit. 

23   Article 19 GLG, as amended by LGBl. 2016/505. 
24   Law on the VMR, LGBl. 2016/504. 

38 

 
 
 
 
 
 
 
 
                                                   
preserving the industrial peace; settling disputes by mutual consent; enhancing the social, 
economic  and  environmental  development  of  each  branch  of  trade;  and  keeping 
Liechtenstein’s  marketplace  competitive  in  a  social  market  economy  by  encouraging 
innovations and a modern labour organisation. This also includes equal opportunities for 
men and women with regard to equal pay. A third of all GAVs explicitly contain a clause 
concerning  equal  opportunities  between  men  and  women.25  It  is  worth  mentioning  that 
the GAVs that mention equal opportunities between men and women apply to the largest 
number  of  employees  (such  as  in  the  metal  industry,  the  non-metal  industry  and  the 
building trades). Finally, it should be mentioned that under Article 6(a) GLG, all contractual 
clauses, employment rules, statutes of associations, collective agreements and all other 
agreements and rules which contravene gender equality are null and void. 

11.9 Other relevant bodies 

All relevant bodies have been mentioned throughout the report. 

11.10 Evaluation of implementation 

In principle, national law has formally correctly implemented the EU law topics discussed 
in this chapter. The main problem for completely satisfactory implementation is still the 
lack of case law on the topics.   

11.11 Remaining issues 

There are no other remaining issues regarding enforcement and compliance. 

25   For more details see GAVs on the website of the trade union LANV 

https://www.lanv.li/GAV/GAVinLiechtenstein.aspx. 

39 

 
 
 
 
 
 
 
 
 
                                                   
12  Overall assessment  

From a purely theoretical legal view it can be confirmed that the implementation of the EU 
gender  equality  acquis  in  Liechtenstein  is  satisfactory.  However,  because  of  the  lack  of 
case  law  concerning  gender  equality,  it  is  difficult  to  assess  whether  enforcement  is 
satisfactory  as  well.  Since  1999,  namely  for  20  years,  the  Law  on  Gender  Equality  has 
been in existence but the various topics on gender equality are still rarely debated in public 
with  a  marginal  status.  Nevertheless,  active  awareness-raising  campaigns26  concerning 
gender equality are conducted on a regular basis. Moreover, Liechtenstein wanted to send 
out a signal with the creation of the new Association for Human Rights, which has the clear 
mission to progress all matters concerning human rights, including gender equality, in an 
independent and objective manner.  

26   See since January 2017 on the website of the Office for Social Services 

http://www.llv.li/#/117761/veranstaltungen-und-projekte. 

40 

 
 
 
 
 
                                                   
Bibliography 

Schiess  Rütimann,  P.  M.,  Geschlechtergleichheit,  Care-Arbeit  und  Familienpolitik  in 
Liechtenstein, in: Jusletter 5. Februar 2018. 

41 

 
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