Am I entitled to a reference from my employer?
Yes — you can request an employment reference at any time. Liechtenstein employment contract law (Section 1173a ABGB, LR 210.0, modelled on Swiss CO Art. 330a) gives every employee the right to request, at any time, a reference that addresses the type and duration of the employment as well as performance and conduct (full reference). On express request, the reference is limited to type and duration — the simple employment confirmation, for instance so as not to reveal an ongoing job search. The reference must be true and at the same time benevolent: it must not needlessly impede your economic advancement, but must also not gloss over anything untrue; secret codes are not permitted. Unlike in Switzerland, there is no conciliation board — a dispute over the reference is decided by the Court of Justice (Landgericht). The right exists regardless of who gave notice.
📋 The rules
- Entitled at any time (Section 1173a ABGB): The employee may request, at any time, a reference on the type and duration of the employment and on performance and conduct — even during the employment (interim reference).
- Full reference or simple confirmation: On request, the reference is limited to type and duration (employment confirmation); that is your choice, not the employer.
- True and benevolent: The reference must be true and at the same time benevolent; it should further your advancement and must not secretly devalue you.
- No secret codes: Coded wording that means something other than it says is not permitted; the reference must be clear and complete.
- No conciliation procedure: There is no conciliation board; you sue for issuance or correction at the Court of Justice. Interpretation follows Swiss doctrine and practice on CO 330a.
🔓 Exceptions
- Simple confirmation: If you want no assessment, you can limit yourself to a confirmation of type and duration — useful when you do not want to reveal a job search.
- Burden of proof on criticism: If you demand a better assessment, in a dispute you must set out the inaccuracy of the unfavourable statements; the employer must be able to substantiate adverse value judgements.
- Interim reference: Where there is a legitimate interest — for instance a change of superior or an internal reorganisation — there is a right to an interim reference during the ongoing employment.
⚠️ Penalties & fines
No reference, a false reference or a delay — each costs the employer. If the employer issues the reference not at all or late, you can sue for issuance; if the delay causes you harm in your job search, he is liable for it. An inaccurate or disparaging reference gives rise to a claim for correction and, where appropriate, damages. Conversely, the employer bears a risk if he issues a knowingly over-positive reference: he can be liable to a new employer who hires in reliance on the reference and is harmed. The item nobody thinks of: a dispute over the reference runs — for want of a conciliation board — directly through the Court of Justice, with procedural costs and lost time on both sides. And note limitation: the claim does not lapse at once, but whoever waits years has a much harder time proving the correct assessment.
📎 Official sources
- Gesetze.li · ABGB (LR 210.0), Section 1173a (employment law, reference) — consolidated version →
- National Administration · Office of Economic Affairs, private employment law (home) →
- LANV — Liechtenstein Employees Association, rights and duties →
❓ Frequently asked
Am I always entitled to a reference?
Yes, you can request at any time a reference on the type and duration of the employment and on performance and conduct. The right exists regardless of whether you or the employer gave notice, and even during the ongoing employment.
What is the difference between a full reference and a confirmation?
The full reference also assesses performance and conduct, while the simple employment confirmation only states the type and duration of the work. Which of the two forms you receive is decided by you and not by the employer, for example so as not to reveal an ongoing job search.
Does the reference have to be positive?
It must be true and at the same time benevolent, so it must not needlessly impede you, but must also not gloss over anything untrue. Coded wording that means something other than it says is not permitted at all.
The employer gives me no reference — what can I do?
You can sue for the issuance of the reference, and for any harm caused by the delay to your job search the employer is liable. Since there is no conciliation board in Liechtenstein, the path leads directly through the Court of Justice.
Is it like in Switzerland?
Very similar in content, because Section 1173a ABGB is modelled on Swiss CO Art. 330a and Swiss practice guides interpretation. The enforcement differs: in Liechtenstein there is no conciliation board, only the route through the court.
🔎 Common searches
What people search to land here:
- “employment reference entitlement liechtenstein”
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- “employment reference 1173a abgb”