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

• Author: Nicole Mathé
• Pages: 25-26

25

6Occupational social security schemes (Chapter 2 of Directive 2006/54)

6.1General (legal) context

6.1.1Surveys 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.

6.1.2Other issues related to gender equality and social security

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

6.1.3Political and societal debate and pending legislative proposals

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

6.2Direct 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.

6.3Personal 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.

6.4Material 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.

6.5Exclusions

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.