This certificate is actually the old E101 or E103 that confirms the payment of social contributions in another country, member of the European Union, necessary for people who are detached to other countries or are working in more countries at the same time.
WHEN IS THE A1 FORM NEEDED
The A1 form is a portable document that is released applying the law: Regulations no. 883/2204 regarding the coordination of social security systems and Regulations no. 987/2009 of the European Parliament and of the Council from 16th September 2009, regulations applied to the relation between any state member of the European Union and the European Economic Space.
According to the regulation no. 883/2004, to be more specific art. 11 alin. (3) let. a) and under the reserve of articles 12-16, any person that develops independent or salaried activity in a member state of the EU must obey the laws of the specific member state.
Therefore, employees owe social contributions to the state they work in, excepting the situations set in articles 12-16 from the regulation.
These exceptions are:
In conclusion, the A1 certificate is necessary for applying to one of the two above exceptions.
In Romania, the portable A1 document is released by the National House of Public Pensions.
In order to get the A1 form, the National House of Public Pensions asks for a complex file that in general is not fully submitted by the solicitants making the process complicated.
It has frequently happened for the employee to be detached before obtaining this certificate.
Usually, it is recommended to hire a lawyer specialized in this field in order to prepare the files and obtain the certificate faster.
The companies that detach their employees in other countries of the European Union, must prepare:
For more details regarding A1 Form, please feel free to contact our law firm for a free consultation.