July 07, 2024

Everything you need to know about the A1 form

What is A1 Form?

The A1 form is a key document that allows workers within the European Union to prove that they are socially insured in their home country while working abroad. This form is regulated by Regulation (EC) No. Regulation (EC) No 883/2004 on the coordination of social security systems. Its purpose is to ensure that workers who work temporarily in another EU member state retain their right to social security in their home country. The A1 form is particularly important for employers and self-employed people who want to ensure that their workers or themselves are not double taxed in terms of social contributions.

How to obtain an A1 form?

To obtain an A1 form, an application must be submitted to the competent social security authority in the country of residence. In Croatia, this application is submitted to the Croatian Pension Insurance Institute (HZMO). It is necessary to submit basic information about the employee and the employer, including proof of employment or self-employment, a business cooperation agreement with a foreign company, and information about planned work abroad. In addition, it is necessary to provide the planned period of work in another EU Member State, as well as details of the nature of the work to be performed. As a rule, the processing of applications is very fast.

How long can a referral based on the A1 form take?

Posting of workers based on the A1 form can last up to 24 months. In specific circumstances, this period may be extended, but only with the approval of the competent authorities of both Member States involved in the posting. If the worker or employer anticipates that the work engagement will last longer than 24 months, it is necessary to apply for an extension in advance or seek another arrangement that complies with EU rules on social security coordination.

Procedure for notification of a third Member State

Before starting work on the basis of the A1 form in a third Member State, it is necessary to inform the competent authority of that Member State. This notification includes sending a copy of the A1 form together with additional information about the planned work and duration of the referral. The notification process can vary from state to state, but typically involves sending documentation by mail or electronically. Timely notification is crucial to avoid legal complications and ensure smooth recognition of social security.

What happens when the A1 form expires?

When the A1 form expires, the worker must return to their home country or obtain a new form to continue working abroad while retaining social security in their home country. If the worker or employer wants to extend the posting period, it is necessary to resubmit the application to the competent authority for the issuance of a new A1 form. The extension requires proof that the circumstances that led to the initial posting are still present and that the worker is still considered to be employed or self-employed in his home country. In some cases, it may be necessary to obtain additional documents or clarifications to allow for an extension.

The A1 form is an indispensable tool for workers and employers within the EU, allowing them to reap the benefits of the single market while retaining their social rights. Timely preparation and an accurate procedure are key to the successful posting of workers abroad.

Here you can find out more about posting workers in the EU and A1 form.

If you need a lawyer for posting workers within the EU, please contact us at: info@odvjetnik-bistrovic.hr

Want to make an appointment?