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
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 experts 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.

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