ABOUT THE A1 FORM

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 16^th 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:

• Detachment (for dependent activities)
• Pluri-activity (when the worker is simultaneously developing independent or/and salaried activities in two or more member states)

In conclusion, the A1 certificate is necessary for applying to one of the two above exceptions.

THE COMPETENT COURT FOR REALASING THE A1 FORM  

In Romania, the portable A1 document is released by the National House of Public Pensions.

NECESSARY DOCUMENTS

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:

• Request form for obtaining the A1 document – this can be found directly at the National House of Public Pensions
• Copy of the registration certificate of the company – but the original must be shown as well
• Tax registration certificate – in order to prove that the company does not have debts, it is only valid in the month that has been released
• And affidavit regarding the current number of employees – stamped and signed by the representative person of the company
• Certified certificate – release by the Commerce Registration, if possible emitted in the day of the file submitting
• Financial situations of the company – certified copies (signed and stamped on each page)
• Accounting balances for the last two months
• Affidavit of the employer regarding the fiscal value on the last year
• Service contracts of the company, implemented in Romania (before and during the detachment period)
• The detachment agreement between the company, the employee and the entity from the other state member – in 3 copies signed on all sides (must present the original)
• Last 112 declaration and the 1.1 and 1.2 appendixes – copies certified with the original
• Identity card of the detached – copy
• The individual working contract – certified copy
• Additional documents at the individual working contract – certified copies
• Certificate regarding the contributions on the last 12 months, released by the County House of Pensions – original
• Affidavit of the employer certificating that the employees has or has not fad another A1 form.

Our team assists foreign nationals who are interested in all and any aspects concerning their residency in Romania. We answer questions about short and long term stays, the mandatory residence permit for the latter period of stay, as well as the conditions for those foreign nationals who wish to make their stay in the country a permanent one. You can reach out to our team for complete information about our services. 

For more details regarding A1 Form, please feel free to contact our law firm for a free consultation.