Liechtenstein

Art. 10

1. The Prince Regnant shall take, through the Government, and independently of the Diet, the steps required for the implementation and enforcement of the laws, and any action required in pursuance of the powers of administration and supervision, and shall issue the requisite ordinances (Art. 92). In urgent cases he shall take the necessary measures for the security and welfare of the State.
2. Emergency decrees may not set aside the Constitution as a whole or individual provisions of it but may only limit the applicability of individual provisions. Emergency decrees can neither limit every person’s right to life, the prohibition of torture and inhuman treatment or the prohibition of slavery and forced labour nor place any restriction on the “no punishment without law” rule. Moreover, the provisions of this Article cannot limit the scope of Art. 3, 13ter and 113. Emergency decrees shall cease to apply six months after they have been issued.

Art. 19

1) The State shall safeguard the right to work and shall protect the workers, especially women and young persons employed in commerce and industry.

2) Sundays and public holidays recognized by the State shall be observed as public days of rest, without prejudice to the legal regulations concerning rest on Sundays and public holidays.

Art. 29

1) All citizens1 shall be entitled to civic rights in conformity with the provisions of the present Constitution.

Art. 32

1) Personal liberty, the immunity of the home and the inviolability of letters and written matter are guaranteed.

CONSTITUTION OF THE PRINCIPALITY OF LIECHTENSTEIN 19121 (REV. 2003) (PDF)

• 99 Detention

1) Who holds another unlawfully imprisoned or otherwise deprives him of personal liberty shall be punished with imprisonment up to three years.

2) If the detention of more upright than a month or she will commit in such a way that they prepare the detainees special torments, or under such circumstances that it is associated for him with very serious drawbacks, is punished with imprisonment from one to ten punishing years.

• 102 Eccentric abduction

1) Anyone who abducts another person without his consent by force, or after having obtained the consent of a dangerous threat or cunning, or who otherwise seizes upon him to compel a third person to act, tolerate or omit, shall be punished with a prison sentence of ten to Twenty years.

2) It is also necessary to punish who

1. In the sense referred to in para. 1, a person who is immature, mentally ill, or incapable of resistance because of her condition, or otherwise takes possession of her
2. By taking advantage of an abduction or other control of a person without necessity of necessity, compels a third party to act, tolerate or omit.

(3) If the deceased has resulted in the death of the person who has been abducted or the offender has otherwise seized, the perpetrator shall be punished with a sentence of imprisonment of ten to twenty years, or with a lifelong imprisonment.

4) If the perpetrator, without renouncing the desired performance, voluntarily punishes the person who has been kidnapped or has been seized by the perpetrator without serious damage to his circle of life, he shall be punished with imprisonment of six months to five years ,

• 104 Slave trade

1) Anyone who practices slavery is to be punished with imprisonment of ten to twenty years.

(2) It is also necessary to punish who causes another person to be enslaved or brought into a slavery-like situation, or that another person goes into slavery or a slavery-like situation.

• 104a Trafficking in persons

1) Anyone who with respect to a minor or with respect to an adult, using unfair means (paragraph 2) against the person, with the intention to exploit the person sexually or by removal or organs or by exploiting the person’s labor, recruits, harbors, or otherwise accommodates, transports, or offers or passes on the person to a third party, shall be punished with imprisonment of up to three years.

2) ‘Unfair means’ means deception regarding facts, taking advantage of a position of authority, of plight, of mental illness, or a defenseless state of the person, intimidation, and the granting or acceptance of an advantage for purpose of asserting control over the person.

3) Anyone who commits this offense using force or by serious threat shall be punished with imprisonment of six months to five years.

4) Anyone who commits this offense against an underage person as a member of a criminal group, by using serious violence or in such a way that the offense, either willfully or by gross negligence, constitutes a danger for the person’s life or results in a particular severe disadvantage for the person, shall be punished with imprisonment of one to ten years.

• 105 Coercion

1) Anyone who compels another person to act, tolerate or omit, by force or by threat, shall be punished with imprisonment for a term of up to one year.

2) The act is not unlawful if the application of force or threat as a means for the intended purpose is not contrary to good morals.

• 106 Severe coercion

(1) Whoever compels a necessity,

1. threatens with death, with a substantial mutilation or a conspicuous disfigurement, with an abduction, with a fire foundation, with a danger by nuclear energy, ionizing rays or explosives or with the destruction of the economic existence or social position,
2. the necessary or Another person to whom the violence or dangerous threat, put into a state of aggravation by such means for a long time, or
3. the person required to sign a partnership, prostitution or participation in a pornographic

(§ 215a para. 3) or otherwise cause an action, toleration or omission, which violates particularly important interests of the compelled or a third person, shall be punished with imprisonment of six months to five years

(2) The offender shall also be punished if the offense results in suicide or an attempted suicide of the person or other person against whom the violence or threat is threatened

• 193a Prohibited adoption

1) Any person who causes a person entitled to consent to consent to the adoption of a benefit by himself or a third person by another person shall be punished with imprisonment for up to two years.

2) If the perpetrator acts in order to procure himself or a third party an asset advantage, he shall be punished with imprisonment for up to three years.

3) Adoption and elective children between whom the adoption is mediated are not to be punished as participants (§ 12 StGB).

• 217 Cross-border prostitution trade

1) A person who, even if he is already a prostitute, is subject to prostitution in a state other than the one of which he is a national or has a habitual residence, is a six months’ imprisonment To punish with imprisonment of up to ten years up to five years, if he commits the act professionally.

2) Anyone who persecutes a person (para. 1) with a pretense of prostitution in a state other than his nationality or in which he is habitually resident is deceived by this deception, or by force or force Threatened by a dangerous threat to move to another state, or to transfer it to another state by force or through the use of its error, shall be punished with a sentence of up to ten years’ imprisonment.

• 277 Criminal association

1) Anyone who establishes a criminal organization or participates in such a member shall be punished with imprisonment for up to three years.

2) A criminal organization is a long-term association of more than two persons, which is directed to the fact that one or more members of the association are responsible for one or more crimes, other serious acts of violence against life and limb, not only minor damage to property, thefts Or fraud, or offenses pursuant to sections 104a, 165, paragraphs 1 and 2, 233 to 239, 304 or 307.

3) As a member, a criminal organization is responsible for anyone who commits a criminal offense or is involved in their activities through the provision of information or assets or otherwise in the knowledge that the association or their criminal actions.

4) If the association has not led to any punishable act of the planned nature, no member shall be punished if the association dissolves voluntarily or otherwise results from its conduct that it voluntarily gave up its intention. Furthermore, criminal organization does not penalize who voluntarily renounces the association before an act of the planned kind has been carried out or attempted; Who has participated in the association, but only if he voluntarily causes the risk of the association arising from the union to be eliminated by notifying the authorities (§ 151 para. 3) or by any other means.

Art. 611 Obligations of the employer

1) The employer is obliged to take all necessary measures to protect the health of workers, which, according to experience, are necessary according to the state of the art and appropriate to the conditions of the holding. It must also provide for the necessary measures to protect the personal integrity of workers;

These measures also include protection against sexual harassment in the workplace.

2) The employer shall, in particular, design work facilities and workflows in such a way as to avoid risks to workers’ health and overuse. He shall also ensure that the worker does not consume alcohol or other intoxicating substances in the exercise of his professional duties.

3) For health protection, the employer has to involve the employees.

4) The regulation establishes the measures to be taken to protect the health of workers at the premises.

Article 30 Minimum age

1) Adolescents are not allowed to be employed before they are 15 years old. Subject to the provisions of para. 2) By regulation, it is determined for which groups of establishments or workers and under which conditions young people of the age of:

1. A) more than 14 years of light work to be allowed; certain categories of light work may also be carried out by young people over the age of 13;

(B) may be employed for less than 15 years in cultural, artistic and sporting performances and in advertising events.

Article 53 Criminal liability of the employer

1) The employer is liable to prosecution if he fails to comply with the provisions of the law or regulation:

(A) deliberately or negligently contravening health care and accident prevention;

(B) intentionally infringed on the working and rest period;

(C) deliberately or negligently infringed on the special protection of juvenile or female workers.

2) If a single contractor is guilty of an infringement in the company of an individual company, this person is liable to prosecution. The employer is only liable to prosecution if he is aware of the infringement and fails to prevent or remedy it.

(3) If a dispute is committed in the business of a legal person or a commercial company, those persons who have acted or are acting for them are liable to prosecution. The legal person or the company shall be liable in solidarity for fines and costs, provided that it does not demonstrate that it has taken all necessary care to ensure compliance with the rules by the persons mentioned.

Article 55 Punish

1) Any person who is liable to prosecution pursuant to Articles 53 and 54 of the Act shall be punished with a fine of up to 20,000 francs for breach of the law, and a non-liability for a term of imprisonment of up to three months

2) In delicate cases, deliberate acts of torture can be punished by the district court for a criminal offense of up to six months or a fine of up to 360 days. The case is particularly serious when the offender’s provisions of the law or a regulation:

(A) violate health care and accident prevention and thereby significantly endanger the lives or health of workers or other persons;

(B) on the special protection of young or female workers

3) If an appropriate contractual penalty has been pronounced on the basis of a collective employment contract, the judge may reduce or refuse the fine.

LABOUR LAW (PDF)

VII. Protection of the personality of the worker

Article 27. 1. in general

1) The employer must respect and protect the personality of the worker in the employment relationship, take due care and take due care of morality. In particular, it must ensure that workers are not harassed or sexually harassed, and that victims of harassment or sexual harassment are not adversely affected.

(2) To protect the life, health and physical integrity of employees, he shall take the necessary measures, which are necessary, based on experience, to be applied in accordance with the state of the art and appropriate to the conditions of the holding or household, Individual employment relationship and the nature of the work performance can be reasonably expected.

3) Employees who are employed for at least one month or a part-time work relationship of at least eight hours per week must be informed by the employer of the conditions applicable to them within two months after commencement of the employment relationship; The employment relationship shall be terminated two months after its commencement, the information shall be given before that date. Exceptions are employment relationships which, due to their duration or nature or due to other special conditions applicable to the employment relationship, do not require the employee to be informed, in particular in the case of irregular working conditions or in the case of occasional work.

(A) the identity, domicile or domicile of the employer;

(B) the date of commencement of work, the duration of the contract in the case of fixed-term employment contracts, the daily or weekly working and rest periods, the place of work and the work. Included in the notification of work performance is a notification of the official or functional designation assigned to the employee at the start of employment, as well as a notification of his grade of service;

(C) the duration of leisure and holidays;

(D) the periods of notice or the procedure for fixing them;

(E) the total employment or normal employment contracts applicable to the employment relationship;

(F) wages and salaries, allowances, gratuities and expenses if such additional wage components were agreed, and the conditions for their payment.

4) Employees who are posted to a place of work in another State are, in so far as their employment relationship is to be assessed according to Liechtenstein legislation and have a duration of at least one month, in addition to the following conditions,

(A) the duration of work in the other State;

(B) the currency in which the wage is paid;

(C) the benefits of money or natural resources connected with the posting to another State;

(D) on the conditions of return.

5) In the cases referred to in paragraphs 3 and 4, the employer shall be informed in writing by the employer within one month of changes in the conditions applicable to his employment relationship.

6) In the cases of para. (B), (c) and (d), the duty to provide written information to the worker may be fulfilled by reference to the general and normal working contracts applicable to the employment relationship. In such cases, the obligation to notify the employee in writing of changes pursuant to para. 5 ceases to apply

Article 33

1. D) wage

1) The employer must pay the employee the entire wage and a reasonable compensation for non-working natural persons.

2) The holidays may not be compensated by cash or other benefits during the duration of the employment relationship.

3) If during the holiday the employee is paid for a third party and the legitimate interests of the employer are thereby infringed, he or she can refuse the holiday wage and demand back the already paid holiday wage.

CIVIL CODE (PDF)

The law prohibits all forms of forced or compulsory labor, and the government effectively enforced the law. Penalties for violations included prison sentences of up to 10 years. The resources, inspections, and remediation, including penalties for violations, were adequate and sufficient to deter violations. There were no reports that forced labor occurred in practice.

HUMAN RIGHTS REPORT (PDF)