Workplace Investigative Interviews (Private-sector Employment)

Are there laws, statutes, regulations, or case-law that govern or impact workplace investigative interviews?

No dedicated interview statute.

Internal interviews are permitted under the employer's right to give binding instructions in an employment contract (§ 1173a et seqq. ABGB) and the employee's duty of loyalty.

Same legal basis: duty to co-operate with lawful instructions (§ 1173a et seqq.ABGB).

Same legal basis, plus personality-rights protection (§ 1173a Art 27 ABGB).

If NO, what labour statutes regulate related topics?

• Allgemeines Bürgerliches Gesetzbuch (ABGB) – employment chapter, §§ 1173a et seqq. (English: “Liechtenstein Civil Code”).
• Arbeitsgesetz (Work Act, LR 822.10) – health & safety, integrity (Art 6).
• Gleichstellungsgesetz (Gender Equality Act, LR 105.1) – anti-discrimination & anti-retaliation (Art 7a witness/complainant protection).
• Datenschutzgesetz (Data Protection Act 2018, LR 235.1) – lawful, minimal processing of interview data.

Same statutes.

Same statutes, with emphasis on Art 27 ABGB (employer must protect dignity & health) and abusive-dismissal rules (§ 1173a Art 46 ABGB – unfair termination where employee merely asserts rights).

Is there a legally required notification timeline to schedule an interview?

No statutory deadline. Employer must act “within a reasonable time” to fulfil Art 6 Work Act duty to investigate health- or integrity-related complaints.

No statutory deadline; reasonable advance notice is recommended so the witness can comply with the duty of loyalty without prejudice.

No fixed deadline; good-faith principles require prompt notice so the employee can respond before discipline.

Must the company provide detailed information about the purpose/allegations when scheduling the interview?

Not expressly required. The Equality Act implies that the complainant must know the nature of the protected-interest investigation (e.g., harassment), but the employer may limit detail to protect confidentiality.

No statutory rule; employer should disclose only what a witness “needs to know” to give evidence (data-minimisation duty under the DSG).

No express rule; principles of due process mean the implicated employee must receive enough information to defend themselves before any sanction. (Derived from good-faith doctrine in §§ 1173a et seqq. ABGB).

Is the company required to provide the interviewer's notes or a summary of findings?

No. The reporter may be told the outcome in general terms but there is no right to raw notes.

No legal entitlement to notes/findings; confidentiality prevails.

No statutory right, yet if discipline is contemplated the employer must put the material facts in writing so the employee can contest a dismissal (unfair-dismissal jurisprudence under § 1173a Art 46 ABGB).

May the parties have someone present during the interview?

No statutory right to accompaniment in a private-sector inquiry; employer may allow a support person.

Same – no legal entitlement; employer discretion.

Same – no statutory right to legal or union representation.

Legal duty to notify the employee's manager before interviewing the employee?

None.

None.

None.

Any rule that prohibits interviewing people on a leave of absence?

None.

None.

None (but employer must respect medical confidentiality and fitness-for-work restrictions if the leave is health-related).

Anything else to note?

• Retaliation against a complainant is in general prohibited (Art 7a GLG); dismissal or other detriments can be challenged.

• Witnesses who assist a harassment or discrimination inquiry share the same anti-retaliation shield (Art 7a GLG).

• Employer must safeguard personality rights during the process (§ 1173a Art 27 ABGB) and process data lawfully under the DSG.