For Romanian company’s employees that are going to work in an EU country while the Romanian contract is still available, the companies have to get the A1 form that proofs that the employees are insured at the Romanian Social Security.
Who and how do you get the A1 form ?
The employer has to take the A1 form from The National House of Pensions.
The employer has to submit the A1 aplication while the employee is still in the country, otherwise, in case of an inspection, the company is penalised.
What documents do you need to get for the A1 form ?
The file for getting the A1 form or A1 forms (if there are more employees departing in the same day, only one form for all of them is enough), is submitted at The National House of Pensions and it is needed the following documents:
- Request for getting the A1 form – download here.
- Certificate of registration from the Trade Register;
- Tax registration Certificate issued by the National Agency of Fiscal Administration that proofs that the company has debts to the state budget; the tax registration Certificate is available only 30 days;
- Employer’s statement of the total number of employees that are departing, along with documents proof (ex: a Revisal statement with active employees);
- The Certificate of Good Standing of the company for the month where the file is submitted;
- Financial statements of the company – the last trade balance and the last balance sheet signed and stamped;
- Employer’s statement regarding the turnover from the past year and from the date of establishment. A very important fact that would help getting the form is that at least 25% from the turnover has to be from Romanian territory, with commercial contracts concluded in Romania. These amounts will be detailed into a separate document.
- Working contracts signed in Romania before departure and during departure;
- The service contract between the employee and the employer from the country that they are departing to, translated in Romanian;
- The last 112 statement filled by the company along with appendix 1.1 , appendix 1.2 and the receipt;
- Copy of the ID and copy of the individual working contract / additional departing paper work of the employee;
- The certificate regarding the subscription period from the last 12 months, issued by the County’s House of Pensions for each departing employee. For the employees that do not have the subscription period at least one month before the departure, the A1 certificate won’t be issued at the requested date, but one month later. Ex. If I ask the A1 certificate on 01 July, but the employee does not have the contributions on June, the A1 certificate will be issued on 1st of September, July won’t be covered by the A1, even though I submitted the documents.
- Employer’s statement attesting the fact that the employee/employees have had or not the A1 certificate. If they did, it has to be mentioned the period.
- Employer’s statement that attests the fact that the departing employees does not replace other departed employees, if they had or not had the contributions paid at least one month before the departure, and the fact that the employees have not been departed on a period of 24 consecutive months.
What do you do with ceased employees’s A1 contracts on it’s the availability period ?
Available A1 certificates for the ceased employees have to be returned to the House of Pensions along with a file report.
How can you extend the A1 certificate’s availability?
If it expends the departure period of the employee, it has to be extended the A1 certificate as well.
To extend the A1 certificate it has to be filled a document at the House of Pensions with the documents mentioned above, also the extensions additional document and employer’s declaration that specifies that the employee have had a A1 certificate on X periode of time.
There is a maximum period for A1 to be issued?
The A1 certificate can be issued on a maximum period of 24 consecutive months, with a possibility of extension up to 36 months if the employee has a month break, period when he returns to Romania.
Because it takes time for the certificates to be issued, it would be enough to provide the request for the A1 certificate registred to the National House of Public Pensions and the employees have to be mentioned in the request.
An important request of the House of Pensions is to number all the pages of the documents and declare the number of pages that the document has, so in this way it won’t be any misscomunication issue.
Do you need help in order to make the documents or any guidance to get the A1 certificate? Do not hesitate to contact us!
Gabriela is a HR expert with more than 10 years experience