How to Get the A1 Form in Romania

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 authority for issuing form A1

In Romania, the A1 portable certificate is issued by the National House of Public Pensions.

Required documents

Applications for the A1 portable document are submitted exclusively online, through the RODPA1 application of the National House of Public Pensions. The verification of the conditions is largely automatic, based on the interconnection of the National House of Public Pensions with the systems of the National Agency for Fiscal Administration, the National Trade Register Office and the Labour Inspection. If the data declared in the application (for example, the company’s turnover) does not match the data held by these authorities, the application may be delayed or rejected.

For the posting of employees, the employer must show, among others, that it normally carries out a substantial part of its activity in Romania, that the posted employee remains under its authority and that the anticipated duration of the posting does not exceed 24 months.

The application is supported by documents such as the posting agreement, the employment contract of the posted employee and evidence of the employer’s activity in Romania (for example, contracts performed in Romania and the turnover). The current list of supporting documents and the standard forms are published by the National House of Public Pensions.

It is usually advisable to prepare the application with a lawyer, so that the certificate is obtained in a timely manner.