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)

• Author: Nicole Mathé
• Pages: 13-15

13

4Equal pay and equal treatment at work (Article 157 of the Treaty on the

Functioning of the European Union (TFEU) and Recast Directive 2006/54)

4.1General (legal) context

4.1.1Surveys on the gender pay gap and the difficulties linked to 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.

4.1.2Surveys 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.

4.1.3Other 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.

4.1.4Political 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.

4.2Equal pay

4.2.1Implementation 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.

4.2.2Definition 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.

4.2.3Explicit 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).

4.2.4Related case law

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

7Menschenrechte 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.