Self-employed workers (Directive 2010/41/EU and some relevant provisions of the Recast Directive)

• Author: Nicole Mathé
• Pages: 29-31

29

8 Self-employed workers (Directive 2010/41/EU and some relevant

provisions of the Recast Directive)

8.1 General (legal) context

8.1.1 Surveys and reports on the specific difficulties o f self-employed workers

In Liechtenstein no reports have been published that provide insights into difficulties that

self-employed workers face.

8.1.2 Other issues

There are no other relevant issues in relation to self-employed work ers.

8.1.3 Overview of national acts

The main legislation transposing Directive 2010/41/EU is the GLG, the Sickness Insurance

Act (KVG) and the Act providing for occupational pension schemes (BPVG).

8.1.4 Political and societal debate and pending legislative proposals

There is very little societal debate and no legislative proposals pending on this topic.

8.2 Implementation of Directive 2010/41/EU

The main legislation transposing Directive 2010/41/EU is the GLG, the Sickness Insurance

Act (KVG) and the A ct providing for occupational pension schemes (BPVG). The

transposition of Directive 2010/41 was carried out simultaneously with that of Directives

2006/54 and 2004/113. Liechtenstein did not take additional measures to transpose

Directive 2010/41 because it considered transposition into national legislation as

unnecessary, since the issues were already covered by existing law.

8.3 Personal scope

8.3.1 Scope

Article 2(a) of Directive 2010/41 has not been transposed sp ecifically to create new

definitions of self-employed workers or self-employment.

8.3.2 Definitions

The Commercial Code (CC) contains a definition of self -employment according to which it

is a gainful activity at one’s own account and ri sk (Article 2(3) CC). This means that t he

already existing conditions, e.g. in the Old-age Insurance Act12 (AHVG), are relevant when

defining the income of self-employed persons for insurance purposes ( Article 42 AHVG).

8.3.3 Categorisation and coverage

In general, all self-employed workers are covered when applying the prohibition of

discrimination on the grounds of sex (Article 3(2) GLG). The agricultural sector is therefore

also included (Article 15 AHVV – Regulation to the AHVG.).13

12 State Gazette, LGBl. 1952/29 as amended by 2018/344.

13 State Gazette, LGBl. 1982/35 as amended by 2011/419.