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

AuthorNicole Mathé
Pages29-31
29
8Self-employed workers (Directive 2010/41/EU and some relevant
provisions of the Recast Directive)
8.1General (legal) context
8.1.1Surveys and reports on the specific difficulties of self-employed workers
In Liechtenstein no reports have been published that provide insights into difficulties that
self-employed workers face.
8.1.2Other issues
There are no other relevant issues in relation to self-employed workers.
8.1.3Overview 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).
8.1.4Political and societal debate and pending legislative proposals
There is very little societal debate and no legislative proposals pending on this topic.
8.2Implementation of Directive 2010/41/EU
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). 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.
8.3Personal scope
8.3.1Scope
Article 2(a) of Directive 2010/41 has not been transposed specifically to create new
definitions of self-employed workers or self-employment.
8.3.2Definitions
The Commercial Code (CC) contains a definition of self-employment according to which it
is a gainful activity at one’s own account and risk (Article 2(3) CC). This means that the
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).
8.3.3Categorisation 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.

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