Understand the laws governing work hours and overtime in Liechtenstein
In Liechtenstein, the regulations regarding the maximum permissible working hours per week vary depending on the employee category.
The standard workweek in Liechtenstein is capped at 45 hours, averaged over a four-month period. This applies to employees in industrial enterprises, office personnel, technical staff, and sales personnel in major retail businesses.
Employees between 15 and 18 years old have a shorter workweek. Their maximum working hours are limited to 40 hours per week.
For all other employee categories not mentioned above, the maximum permissible working hours extend to 48 hours per week.
The Liechtenstein Employment Act also sets limitations on the daily working hours. The workday cannot begin before 6:00 AM and must conclude by 11:00 PM. However, with the consent of employee representatives or a majority of affected employees, companies can adjust these timings within a broader range of 5:00 AM to midnight.
For businesses operating 24/7 through shift work, the maximum working hours of 45 or 48 hours per week (depending on the employee category) must be averaged over a longer period of 16 weeks. In such scenarios, the maximum working hours can be extended to 52 hours for individual periods of seven consecutive days.
In Liechtenstein, specific rules and regulations are followed regarding overtime work, striking a balance between the needs of the employer and the well-being of the employee.
Overtime work, which exceeds the standard working hours defined in the Liechtenstein Employment Act (Art. 13 ArG), is only permitted under certain circumstances. These include urgent work, which are situations requiring immediate attention to prevent operational disruptions or accidents; extraordinary workload, which are periods with a surge in workload that necessitates exceeding regular working hours; and inventory taking, which are specific periods for conducting annual or mandatory inventory checks. In situations other than these, overtime work requires the employee's consent.
There are limitations to overtime work. An employee cannot be required to work more than two hours of overtime per day, with exceptions allowed only for emergencies or work-free days. The average working week, including overtime, cannot exceed 48 hours over a four-month period.
Liechtenstein law mandates compensation for overtime work. Employers have two options for overtime compensation, with the choice requiring agreement between the employer and employee (unless otherwise stipulated in a Collective Bargaining Agreement). These are overtime pay, which is a minimum increase of 25% on top of the employee's regular hourly wage for each overtime hour worked (Art. 19 ArG), and compensatory time off, where employees can be offered time off in lieu of overtime pay, with the duration equivalent to the overtime hours worked. However, this option is only applicable if the total overtime hours within a calendar year do not exceed 60 hours.
Understanding and adhering to Liechtenstein's overtime work regulations ensures fair treatment of employees and compliance with labor laws. By following these guidelines, employers can maintain a productive work environment while respecting employee rights.
In Liechtenstein, worker well-being is prioritized by mandating rest periods and breaks throughout the workday. These breaks allow employees to recharge and return to their duties with renewed focus. Here's a breakdown of the regulations as per the Liechtenstein Employment Act (ArG):
Daily Rest Periods
Minimum Duration (Art. 11 ArG): All employees are entitled to a minimum rest period of at least 11 consecutive hours after completing their daily working hours. This ensures adequate time for rest and recuperation before returning to work the following day.
Shift Work Exception (Art. 11 ArG): In specific circumstances involving shift work, this minimum rest period can be reduced to eight hours once a week. However, the average rest period over a two-week period must still adhere to the 11-hour minimum.
Breaks During the Workday
The duration of mandated breaks depends on the total working time per day:
More Than 5.5 Hours (Art. 12 ArG): For employees working for more than five and a half hours consecutively, a break of at least 15 minutes is mandatory.
More Than 7 Hours (Art. 12 ArG): If the consecutive working period extends beyond seven hours, employees are entitled to a break of at least 30 minutes.
More Than 9 Hours (Art. 12 ArG): The longest mandated break is awarded for working days exceeding nine consecutive hours. In such cases, employees deserve a break of at least one hour.
Key Points to Remember:
Weekly Rest Day
In addition to daily rest periods, Liechtenstein mandates a weekly rest day for all employees, typically falling on Sunday (Art. 16 ArG). This designated day off allows for uninterrupted rest and recuperation, fostering a healthy work-life balance.
Liechtenstein prioritizes employee well-being and acknowledges the challenges associated with night and weekend work. Here's a detailed breakdown of the regulations governing these specific work arrangements:
Night Shift Work
General Rule: Night work is generally prohibited in Liechtenstein. This regulation aims to protect employees' health and circadian rhythms.
Exceptions: Night work can be permitted under specific circumstances with prior approval from the Office of Economic Affairs. Approval hinges on meeting statutory preconditions that ensure such work is truly necessary for the business.
Daily Working Hours: Even with approval, night shift work adheres to stricter limitations on working hours. The daily working time for an individual employee on night shifts cannot exceed eight hours and must be completed within a period of nine hours.
Limited Exceptions: There are limited exceptions to the eight-hour limit. If an employee works a maximum of three out of seven consecutive nights, the daily working time can be extended to 10 hours, not exceeding a 12-hour period with breaks included. Additionally, for employees working at least three hours per night or exceeding 600 night work hours annually, the average daily working time cannot surpass eight hours over a year.
Night Work and Rest Periods: Night shift workers are entitled to the same rest period regulations as day shift workers. This ensures they receive adequate time for recovery after working outside typical hours.
Weekend Work
Weekly Rest Day: Liechtenstein mandates a weekly rest day for all employees, typically falling on Sunday. This designated day off helps maintain a healthy work-life balance and allows for uninterrupted rest.
Exceptions: Weekend work can be permitted under exceptional circumstances, such as emergencies or industries requiring continuous operations. However, such instances likely require justification and may involve compensatory measures for employees working on their designated rest day.
Collective Bargaining Agreements: It's important to note that Collective Bargaining Agreements in specific sectors may have additional regulations or benefits concerning night shift and weekend work.
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