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Liechtenstein

Employee Rights and Protections

Explore workers' rights and legal protections in Liechtenstein

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Termination

In Liechtenstein, employment laws permit lawful termination under certain conditions. These include economic reasons such as restructuring, financial difficulties, technological changes, or cessation of the company's activities. Disciplinary reasons can also be grounds for dismissal, including serious misconduct like gross negligence, willful misconduct, insubordination, theft, violence, etc., or repeated minor misconduct after warnings and potential sanctions. An employee's inability to perform the job due to prolonged illness, disability, or lack of skills preventing them from fulfilling their duties can also lead to termination.

Notice Requirements

The notice period for termination in Liechtenstein is determined by the employee's length of service. During the 1st year of service, the notice period is 1 month as at the end of a month. From the 2nd up to and including the 9th year of service, the notice period is 2 months as at the end of a month. From the 10th year of service onwards, the notice period is 3 months as at the end of a month. It's important to note that notice periods may differ based on collective bargaining agreements or individual employment contracts.

Severance Pay

Generally, Liechtenstein does not mandate severance pay upon termination. However, there are exceptions. If an employee is dismissed due to no fault of their own, depending on circumstances such as long-term employment or the age of the employee, the court may award severance pay. Additionally, collective bargaining agreements and employment contracts may include provisions for severance pay.

Discrimination

Liechtenstein places a strong emphasis on gender equality in employment and beyond. The Law on Equal Treatment of Women and Men, also known as the Gender Equality Act, prohibits discrimination based on sex, gender identity, and sexual orientation. This law particularly addresses equal pay and working conditions.

However, it's important to note that Liechtenstein lacks explicit protections against discrimination in employment based on race, disability, age, and religion. Although freedom of belief is constitutionally protected, there are no specific laws addressing these forms of discrimination in the workplace.

Redress Mechanisms

In cases of discrimination, Liechtenstein offers several avenues for redress. Individuals experiencing gender-based discrimination can file complaints with the Office for Gender Equality. The Commission for Equal Treatment between Women and Men provides advice and support to individuals experiencing discrimination.

Cases of discrimination beyond gender could potentially be pursued based on the broader constitutional guarantees of human dignity and equality before the law. While not specifically designed for it, labor disputes, including potential discrimination cases, could be taken to court.

Employer Responsibilities

Employers in Liechtenstein have core responsibilities regarding discrimination. They must uphold the principles of equal treatment, focusing on ensuring no discrimination based on gender. They are also expected to actively create a work environment free from discrimination and harassment where all employees are treated with dignity and respect.

It's prudent for employers to establish procedures to address discrimination complaints, even if not strictly required by law. This can help to maintain a positive work environment and protect the rights of all employees.

Working conditions

In Liechtenstein, the maximum standard workweek is 45 hours for employees in industrial enterprises, office personnel, technical and other employees, including sales personnel in major retail businesses. For all other employees, the standard workweek is 48 hours. Overtime work is permissible but regulated with limits and higher compensation. It's important to note that certain industries may have different working hour regulations.

Employees are entitled to a daily rest period of at least 11 consecutive hours. For working days between 4-6 hours in length, employees are entitled to at least one break of 15 minutes, and a break of 30 minutes for working days of more than 6 hours. Liechtenstein mandates at least 24 consecutive hours of rest per week, typically on Sundays, with exceptions possible for certain sectors. The country also observes national public holidays, during which employees generally receive paid time off.

While Liechtenstein's Labor Act does not have extensive, specific provisions focusing on ergonomics, employers have responsibilities to promote the general safety and health of the work environment. This includes minimizing risks that could lead to injuries or health problems, including those resulting from repetitive strain or poor workplace design. Employers are also responsible for taking steps to protect employee well-being and considering ergonomic elements of the workplace to the extent possible.

Health and safety

Liechtenstein prioritizes employee well-being by establishing a framework for health and safety in the workplace. These regulations outline the duties of employers, the rights of employees, and the enforcement mechanisms to ensure a safe work environment.

Employer Obligations

The Occupational Safety and Health Act (ASchG) and related regulations set forth key obligations for Liechtenstein employers:

  • Provide a Safe Workplace: Employers must take all necessary measures to ensure the safety, health, and well-being of employees at work. This includes preventing accidents, occupational illnesses, and fires.

  • Risk Assessments: Employers are generally expected to conduct risk assessments to identify potential hazards in the workplace and implement control measures to mitigate them.

  • Personal Protective Equipment (PPE): When necessary, employers must provide employees with appropriate PPE for the specific hazards of their job.

  • Training and Information: Employers must provide employees with training and information on health and safety risks, safe work practices, and emergency procedures.

Employee Rights

Employees in Liechtenstein have the following rights regarding health and safety in the workplace:

  • Right to a Safe Work Environment: Employees have the right to work in a safe and healthy environment free from foreseeable risks.

  • Refusal of Unsafe Work: Although not explicitly mentioned in the Act, employees may have the right to refuse work that they reasonably believe presents an imminent danger to their safety or health.

  • Right to Information: Employees have the right to be informed about potential hazards present in the workplace and the measures taken to control them.

Enforcement Agencies

The primary enforcement agency for health and safety regulations in Liechtenstein is the Occupational Safety Unit (Amt für Arbeitssicherheit - AfA) within the Office of Economic Affairs. The AfA conducts inspections of workplaces to ensure compliance with health and safety regulations.

Important Considerations

  • Information on Liechtenstein's health and safety regulations online can be limited.
  • Ordinances issued under the Occupational Safety and Health Act may provide more specific requirements.
  • Consulting the Office of Economic Affairs website (if available) or reputable occupational safety specialists in Liechtenstein can provide a more comprehensive understanding.

Finding the Latest Information

Due to the potential limitations of the Office of Economic Affairs website, here are some alternative resources for staying up-to-date:

  • The International Labour Organization (ILO): The ILO offers resources on Liechtenstein's labor standards, including health and safety.
  • News and reports from Liechtenstein: Stay informed about any recent developments in health and safety regulations.

By combining information from various sources and seeking advice from legal or occupational safety professionals when necessary, you can gain a more comprehensive understanding of health and safety regulations in Liechtenstein.

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