How to get A1 form
ABOUT FORM A1
This certificate is, in fact, the former form E101 or E103 which confirms the payment of social contributions in another member country of the European Union, necessary for persons posted in other countries or working in several countries at the same time.
WHEN FORM A1 is required
Form A1 is a portable document that is issued in application of the legal provisions of Regulation no. 883/2004 regarding the coordination of the social security systems and those of the Regulation no. 987/2009 of the European Parliament and of the Council of September 16, 2009, regulations applicable in the relationship between the European Economic Area and any Member State of the European Union.
According to Regulation no. 883/2004, more precisely of art. 11 paragraph (3) lit. a) and subject to Articles 12-16, any person who is self-employed or employed in a Member State of the EU must submit to the legislation of that Member State.
It follows, therefore, that employees owe social contributions in the state in which they operate, except for the situations established in art. 12-16 of the regulation.
These exceptions are:
- Detachment (for dependent activities)
- Pluri-activity (when the worker in question carries out simultaneously and in the usual way
- Independent and / or wage activity in two or more Member States)
- In conclusion, the A1 certificate is necessary for the application of one of the two exceptions.
COMPETENT COURT FOR ISSUE OF FORM A1
In Romania, the A1 portable certificate is issued by the National House of Public Pensions.
In order to obtain the A1 form, the National House of Public Pensions provides for the drafting of a rather complex file, which is generally not submitted completely by the applicants, thus making the obtaining process difficult.
It is common for the employee to be dismissed before obtaining the certificate.
It is usually advisable to hire a competent lawyer to prepare this file and obtain the certificate in a timely manner.
Companies that are posting their employees in other countries of the European Union must present:
- Application for obtaining the A1 form - can be taken directly from the National House of Public Pensions
- Copy of the company registration certificate - but the original will also be presented
- Fiscal attestation certificate - to prove that the company has no state debt, it is valid only in the month in which it was issued
- Declaration on own responsibility with the current number of employees - signed and stamped by the competent person of the company
- Certificates confirmatory - issued by the competent Trade Register, if possible issued on the day of filing the file
- Company financial statements - certified copy (signed and stamped on each page)
- The last two monthly balances
- Statement on the own responsibility of the employer regarding the turnover for the last year
- Service contracts to which the company is a party, implemented on the territory of Romania (before and during the posting period)
- The secondment agreement between the company, seconded employee and the entity from the other Member State - in 3 copies signed on all sides (presented in original)
- The last declaration 112 and the annexes 1.1 and 1.2 - certified copies with the original
- Detached identity card - copy
- Individual employment contract - certified copy
- Additional acts to the labor contract - certified copies
- Certificate regarding the contribution period for the last 12 months, issued by the County Pension House - in original
- Statement on the own responsibility of the employer attesting that the employee has another form A1 or not.