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Posting Workers to Liechtenstein

A comprehensive guide on what to consider when planning to post workers to Liechtenstein.

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The posting of employees whose employer is based abroad to Liechtenstein is governed by the Act of 15 March 2000 on the posting of workers in the context of cross-border service contracts (Entsendegesetz; EntsG), as well as the Ordinance of 10 December 2019 on the Posting of Workers Act (Entsendeverordnung; EntsV).    

Although Liechtenstein is not a member of the European Union, its legislation on transnational posting reflects the standards laid down in the EU Posting of Workers Directives and, in particular, in Directive 96/71/EC.    

Preliminary obligations for the posting of workers in Liechtenstein

In Liechtenstein, the notification procedure is divided into two steps.   

Step 1

On 1 January 2021, the new Trade Act (Gewerbeverordnung; GewV) entered into force in Liechtenstein, which contains, among other things, the innovation that only “qualified” professions must be notified.     

According to Article 28 of the Trade Act, service providers of a qualified trade activity must notify the Office of Economic Affairs in writing before providing a service in Liechtenstein for the first time.     

In order to proceed with this authorisation for qualified activities, a copy of the company’s Chamber of Commerce certificate, not older than 3 months, translated and legalised in English/German, as well as a copy of an identity document of the person responsible (owner of the business/delegated manager/other person with signatory powers) and proof of the professional qualification of the person responsible must be enclosed. 

Qualified professions

Pursuant to Section 15 of the Trade Act, the professional qualification is held by a person who meets one of the following requirements:   

  • has successfully completed a specialised higher education closely related to the trade exercised. Higher technical education is defined as study and training courses at universities or technical colleges; 
  • has successfully completed two to four years of basic vocational training in the relevant trade, followed by two years of practical work in the relevant trade; 
  • has completed three years of practical work in the relevant trade followed by the successful completion of two to four years of basic vocational training in the relevant trade; 
  • has passed the matura examination followed by five years of practical work in the relevant trade; or 
  • has at least eight years of practical experience in the relevant trade. 

In addition to the above, a copy of the certificate of registration with the municipality of residence of the person responsible (owner of the business/managing director/other person with signatory powers) must be attached to the notification.  

Step 2

The posting company shall notify the posting of employees at the latest on the day before the commencement of work in Liechtenstein via the EMS portal (Elektronischen Meldesystem – “EMS”). The posting company has a quota of 90 days within a year to use for transnational posting notifications in Liechtenstein.  

Companies domiciled in the European Economic Area must notify all services prior to the commencement of activities. The notification obligation applies from the first day.  

Additional obligations for the posting of workers to Liechtenstein

Foreign posting companies that provide services in Liechtenstein and achieve a total turnover of more than CHF 100,000 from non-tax-exempt services per calendar year (e.g. from installation activities or services within the scope of a labour and service contract) are subject to VAT and must complete a questionnaire for registration as a VAT taxpayer for foreign companies (Section 10 Mehrwertsteuergesetz; MWSTG).    

It should be noted that Switzerland and Liechtenstein form a common VAT country. Foreign companies that provide services in both Switzerland and Liechtenstein are registered in the VAT register of the Federal Tax Administration in Berne. Only companies that exclusively provide taxable services in Liechtenstein are registered in the Liechtenstein VAT register.   

Working and wage conditions applicable during the posting of workers in Liechtenstein

During the posting in Liechtenstein, workers shall be guaranteed the national provisions concerning maximum working hours and minimum rest periods, safety, health and hygiene at the workplace, which are mainly contained in the Labour Act (ArG) and the relevant ordinances.     

Minimum rates of pay, including overtime rates and reimbursement of expenses, must also be applied to posted workers. 

Social security for workers posted to Liechtenstein

Workers posted to Liechtenstein may continue to be covered by the social security of the Member State where the employer is based.    

The posting company must apply for an A1 certificate. The competent social security institution will issue it once it has received all the necessary information. 

Sanctions for non-compliance with the law on the posting of workers to Liechtenstein

If a violation of the Posted Workers Act is suspected, the Office of the National Economy (AVW) initiates proceedings against the foreign company. If the violation is confirmed, the AVW issues an administrative penalty order or an administrative penalty decision.     

In the event of repeated violations, the AVW may impose a posting ban and thus prohibit the posting party from posting employees to Liechtenstein for a period of up to five years. 

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Regulatory Framework

Law on the posting of workers in the context of the cross-border provision of services (Posting of Workers Act; EntsG)

Reference

Decree on the posting of workers in the framework of the cross-border provision of services (Posting of Workers Regulation; EntsV)

Reference

Trade Ordinance (GewV)

Reference

Law on VAT (Value Added Tax Act)

Reference

Law on work in industry, commerce and commerce (Labour Act)

Reference

Learn more about Posting of Workers to Europe

Have a look at our in-depth guides about Posting of Workers to EU Countries. If you don’t know where to start, you can have a first look at our introduction on Posting of Workers to Europe.

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