Liechtenstein

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the rights of all workers to form and join independent unions of their choice and to bargain collectively. The law is silent on the right to strike. The law neither prohibits antiunion discrimination nor requires reinstatement of workers fired for union activity.

The government adequately enforced applicable laws. Penalties in the form of fines were adequate to deter violations.

The law prohibits all forms of forced or compulsory labor. Penalties for violations were sufficient to deter violations. The government effectively enforced the law.

The law prohibits the worst forms of child labor and sets the minimum age for employment at 16, with exceptions for limited employment of children 14 years old. Children between the ages of 14 and 16 may engage in certain categories of light work, including running errands, housework, and babysitting, for no more than eight hours per week during the school year and 35 hours per week during school vacations. Children age 15 years and younger may be employed for the purposes of cultural, artistic, athletic, and advertising events. Working hours for youths between the ages of 15 and 18 who have completed compulsory education are not to exceed 40 hours a week. The labor law prohibits children younger than 17 from working overtime and prohibits children younger than 18 from engaging in night work and Sunday shifts. The labor law stipulates that an employer must consider the health of minors and provide them a proper moral environment within the workplace; the law also stipulates that employers may not overexert minors and that employers must protect the child from “bad influences” within the workplace.

The Office for Worker Safety of the Department of National Economy effectively enforced child labor laws and devoted adequate resources and oversight to child labor policies. Legal penalties were sufficient to deter violations.

The law prohibits employment discrimination based on gender, disability, race, nationality, age, and sexual orientation, among other characteristics. Violations may result in the award of compensation to a prospective or dismissed employee equal to at least three months’ salary. The government did not effectively enforce the law. Penalties were not sufficient to deter violations. According to the 2018 ECRI report and statements by the Liechtenstein Institute and Liechtenstein Association for Persons with Disabilities, women, particularly migrant and Muslim women wearing headscarves, persons with disabilities, and LGBTI individuals experienced discrimination in the labor market.

According to the Women’s Network, although the law explicitly requires equal pay for equal work, women still experienced discrimination in the workplace. The Women’s Network also noted a marked difference between men and women persisted in professional promotions; women were severely underrepresented in top-level management positions in private industry and the national administration.

The law does not provide for a national minimum wage. The Liechtenstein Workers Association negotiates voluntary collective bargaining agreements annually with the Chamber of Commerce and the Chamber for Economic Affairs on a sector-by-sector basis. Collective bargaining agreements were effectively enforced. Penalties were sufficient to deter violations.

The law sets the maximum workweek at 45 hours for white-collar workers, employees of industrial firms, and sales personnel; and 48 hours for other workers. Some exceptions to overtime limits were authorized in the areas of nursing and medical treatment. The law provides for a standard workweek, including overtime, which may not exceed an average of 48 hours a week over a period of four consecutive months.

The law sets occupational safety and health standards, which were appropriate for the main industries in the country. The labor standards also cover the thousands of workers who commuted daily from neighboring countries. There are additional safeguards for youths, pregnant and breastfeeding women, and employees with children. Responsibility for identifying unsafe situations remains with occupational safety and health experts, not with workers.

The Office of Labor Inspection, a part of the Department of National Economy, is responsible for enforcing labor laws. The agency had a sufficient number of inspectors to enforce compliance with the law effectively. Penalties were sufficient to deter violations.

The LHRA and Infra noted the working conditions of domestic workers and nurses employed in private homes were not subject to inspections or official labor contracts, which made the sectors vulnerable to exploitation.

Lithuania

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers, except the armed forces, to form and join independent unions, bargain collectively, and conduct legal strikes. The law prohibits employer discrimination against union organizers and members and requires reinstatement of workers fired for union activity. These provisions also apply to migrant workers.

There were some specific legal limits to these rights. The law bans sympathy strikes. It also prohibits law enforcement officials, first aid medical workers, and other security-related personnel from collective bargaining and striking, although they may join unions. The law does not afford workers in essential services, whose right to strike is restricted or prohibited, alternative procedures for impartial and rapid settlement of their claims or a voice in developing such procedures.

In the event of a disagreement between management and labor, any such disputes are settled by a labor arbitration board formed under the jurisdiction of the district court where the registered office of the enterprise or entity involved in the collective dispute is located. Despite the fact that the law establishes the binding character of the decision upon the parties, the decisions cannot lay down rights or obligations of individuals and are not enforceable by the courts. Labor-code procedures make it difficult for some workers to exercise the right to strike. The law prohibits sympathy strikes and allows an employer to hire replacement workers in certain sectors to provide for minimum services during strikes.

Penalties ranged from fines to imprisonment and were insufficient to deter violations. According to the International Trade Union Confederation, the judicial system was slow to respond to cases of unfair dismissal and no employer faced penal sanctions for antiunion discrimination as envisaged in the law. No courts or judges specialized in labor disputes.

The government generally respected freedom of association but did not enforce the labor code effectively, although resources, inspections, and remediation were adequate. Employers did not always respect collective bargaining rights, and managers often determined wages without regard to union preferences except in large factories with well organized unions.

The law prohibits all forms of forced or compulsory labor and the government generally enforced the law effectively. Penalties ranged from a fine to imprisonment, which were sufficient to deter violations.

There were instances of forced labor, most of which involved Lithuanian men subjected to forced labor abroad. Foreign workers from Belarus, Russia, and Ukraine were at risk of labor trafficking as long-haul truck drivers, builders, ship hull assemblers, and welders.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits all of the worst forms of child labor. The law sets the minimum age for most employment at 16 but allows the employment of children as young as 14 for light work with the written consent of the child’s parents or guardians and school. The government has not created a list of jobs considered “light work.” The law mandates reduced work hours for children, allowing up to two hours per day or 12 hours per week during the school year and up to seven hours per day or 32 hours per week when school is not in session. According to the law, hazardous work is any environment that may cause disease or pose a danger to the employee’s life, such as heavy construction or working with industrial chemicals. Under the law children under 18 may not perform hazardous work. Penalties were sufficient to deter violations.

The State Labor Inspectorate is responsible for receiving complaints related to employment of persons younger than 18. The government effectively enforced the law. In the first eight months of the year, the inspectorate identified 25 cases in which children were working illegally in the construction, agriculture, retail, services, and manufacturing sectors.

The law prohibits employment discrimination but does not specifically address HIV-positive or other communicable disease status, or gender identity. The law obliges the employer to implement the principles of gender equality and nondiscrimination, which prohibit direct and indirect discrimination, and psychological and sexual harassment. The employer must apply the same selection criteria and conditions when hiring new employees; provide equal working conditions, opportunities for professional development, and benefits; apply equal and uniform criteria for dismissal; pay equal wages for the same work and for work of equal value; and take measures to prevent psychological and sexual harassment in the workplace.

The government effectively enforced the law, issuing penalties adequate to deter violations.

The law stipulates that discrimination based on sex should also cover discrimination related to pregnancy and maternity (childbirth and breastfeeding). The matter of female poverty among the elderly who do not receive equal government social remuneration, as well as a pay gap between men and women, continued to exist.

The equal opportunity ombudsman (EOO) monitored the implementation of discrimination laws. As of September 1, the EOO received 155 complaints. To address the gender equality problem, the EOO in cooperation with the Association of Municipalities and the Lithuanian Women’s Lobby Organization continued implementing a three-year project, entitled Equal OpportunitiesSuccess in Municipalities. The EEO visited all 60 municipalities and gave presentations on discrimination and gender equality problems.

NGOs reported that workers in the Romani, LGBTI, and HIV-positive communities faced social and employment discrimination (see section 6). Non-Lithuanian speakers and persons with disabilities faced discrimination in employment and workplace access.

According to the National Department of Statistics, as of January 1, the minimum monthly wage increased by 7 percent and was above the poverty line.

The law limits annual maximum overtime hours to 180 hours, and establishes different categories of work contracts, such as permanent, fixed-term, temporary agency, apprenticeship, project work, job sharing, employee sharing, and seasonal work. The occupational safety and health standards are current and appropriate for the main industries. The law applies to both national and foreign workers.

The government enforced standards effectively across all sectors including the informal economy, which accounted for an estimated 25 percent of the economy. The State Labor Inspectorate, which is responsible for implementing labor laws, had a staff sufficient to enforce compliance. During the first half of the year, the inspectorate conducted approximately 3,600 inspections at companies and other institutions. Of these cases, 80 percent were related to underpayment of wages, late payment of wages, or worker safety. Workers dissatisfied with the results of an investigation can appeal to the court system. The State Labor Inspectorate continued to conduct seminars for managers of companies, local communities, and persons looking for work. The seminars dealt with preventing and combating illegal employment, the administration of labor contracts, and worker’s rights.

According to the State Labor Inspectorate, violations of wage, overtime, safety, and health standards occurred primarily in the construction, retail, and manufacturing sectors. The inspectorate received complaints about hazardous conditions from workers in the construction and manufacturing sectors. As of October 1, the State Labor Inspectorate recorded 31 fatal accidents at work and 95 severe work-related injuries, compared with 25 and 58, respectively, in 2018. Most accidents occurred in the transport, construction, processing, and agricultural sectors. To address the problem, the inspectorate continued conducting a series of training seminars for inspectors on technical labor inspection. Workers have the legal right to request compensation for health concerns arising from dangerous working conditions.

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The Lessons of 1989: Freedom and Our Future