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)

AuthorNicole Mathé
Pages13-15
13
4 Equal pay and equal treatment at work (Article 157 of the Treaty on the
Functioning of the European Union (TFEU) and Recast D irective 2006/54)
4.1 General (legal) context
4.1.1 Surveys on the gender pay gap and the difficulties link ed to equal pay
To the experts knowledge there are no reports that have been published that provide
insights into specific factors that explain t he gender pay gap and difficulties that hamper
the realisation of equal pay for women and men.
4.1.2 Surveys on the difficulties in 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 soci etal debates tak e place very rarely and pendi ng legislative propo sals on
the principles of equal pay and equal treatment at work are n on-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 c onjunction with Paragrap h 1173(a) Article
9(3) of the Civil Code implement Article 4 of t he Recast D irective. The norm in the Civil
Code was first introduc ed 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 an d indirect discrimination i ncluding 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.

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