The A1 form is a document that certifies the payment in the country of origin (in our case, Romania) of social contributions – CAS, for workers posted in an EU member state or for those who carry out their activity simultaneously on the territory of different European states.
The A1 portable document is issued pursuant to the provisions of Regulation (EC) no. 883/2004 on the coordination of social security systems and those of Regulation (EC) no. 987/2009 of the European Parliament and of the Council of 16 September 2009, regulations that apply in the relationship between EU member states and the European Economic Area (EEA).
Form A1 must be presented, by the holder or the employer, to the competent control body in the state where they operate, to confirm the holder’s situation vis-à-vis social security and to indicate the country where social security contributions are paid.
During the performance of the activity abroad, the worker or his representatives must always be able to present the A1 Form to the authorities of the host country.
Form A1 can only be issued by the country of origin (where the company is based – eg Romania). The host country will be obliged to recognize the rights of the person who holds this A1 form.
Conditions for quick obtaining of Form A1
Why does a company carrying out road transport activities have to have Form A1?
Because this Form A1 proves the payment of social contributions for posted employees
Who does it apply to?
Form A1 applies to road transport companies carrying out loading, unloading or cabotage operations, except for transit.
What does Form A1 help with?
Form A1 proves that the employee has paid social security contributions (CAS) in the Member State of residence.
It is issued by the social security authority of the posting member state CNPP (National Public Pension Fund).
In short: with Form A1 you prove that you have employees (in your case drivers) insured in the social system in Romania.
When Form A1 is presented
The A1 form must always be on board the vehicle, it is presented whenever the driver will have control over the documents.
Good to know! It is recommended that the driver have the IMI attachments together with this form.
Who can request this document?
Form A1 can be requested by the following entities:
- Authorized person;
- Employer working in 2 or more states;
- Independent posted worker;
- Self-employed in 2 or more states;
- Contract staff;
- Civil servants.
Areas where Form A1 is frequently encountered
Anyone who has employees posted in other European countries needs to submit the file to obtain Form A1 in order to avoid considerable fines and other subsequent checks, but most often companies in the following fields requested these forms most frequently:
Construction companies;
Transport companies:
- Freight transport & logistics;
- Passenger transportation;
- Distribution and Courier;
- Animal transport;
- Medical and pharmaceutical transport;
- Refrigerated transport;
What happens if I have an accident?
What happens if I have an accident during my secondment abroad? Will I still benefit from the medical insurance in my country of origin? What about my family?
YES — Both you and your family members will be insured for up to 2 years (it doesn’t matter if you were seconded by your employer or self-sent as a self-employed person).
Accidents can be various, from traffic accidents to work accidents!
To receive medical assistance in the country where you are leaving, you will need 2 documents:
- the European social health insurance card;
- the A1 form, which certifies affiliation to the system in the country of origin;
How can it be obtained?
In Romania, in order to obtain the A1 Form, an extensive file is drawn up, which must include several documents from various institutions. This file is submitted to the Bucharest National Public Pensions House, accompanied by a file registration request. This application will receive a registration number from the National House of Public Pensions Bucharest and thus will represent the document certifying the submission of the file.
Often the process of drawing up and submitting the file to CNPP – Bucharest is a difficult one and many transporters and administrators resort to third parties to prepare and submit the file for the company’s employees. Even we have specialized in making and submitting Form A1 files following the request for help from our carrier partners.
Driver posting law (IMI postings)
The A1 form is recommended to be with the IMI postings and to be presented when the driver is asked for them during a control in any country in Europe.
Starting from February 2, 2022, drivers who will carry out any transport journey in the territory of the EU will have to be paid the minimum remuneration applicable in the countries where they load or unload a cargo.
IMI declarations certify that the company’s drivers comply with the wage standard, have the minimum wage in the countries where they operate: loading, unloading or cabotage. This declaration is required at European level and is necessary for all companies carrying out these activities in the respective countries
What does an A1 Form file contain?
The file for obtaining Form A1, or Forms A1 (if there are several employees), is submitted to the National Public Pension House and must contain:
- The company registration certificate, issued by the territorial office of the trade register;
- The tax attestation certificate, issued by the competent territorial unit of the National Fiscal Administration Agency, from which it appears that the employer in question has no debts to the general consolidated budget, on the date of submission of the request regarding the determination of the applicable legislation;
- Declaration on the employer’s own responsibility showing the total number of employees with individual employment contracts on the date of the request to determine the applicable legislation, the number of employees working in Romania and the number of employees posted/or loading/unloading goods in other states;
- The ascertaining certificate regarding the employer’s situation, issued by the territorial office of the trade register for the current month;
- Current financial statements of the trader from Romania or abroad, verified, approved and published according to the legislation of the state in which the trader has his domicile/headquarters;
- Declaration on the employer’s own responsibility certifying the turnover achieved by him in Romania and that achieved by him on the territory of other states in the last year, respectively from the date of establishment, as the case may be, or declaration on the employer’s own responsibility by which to certify the number of loading and unloading of goods, carried out on the territory of Romania and on the territory of the various member states in which these operations took place, in the last year, respectively since the date of establishment, as the case may be;
- Statement regarding the work pattern of the drivers for the last 12 months and the estimated situation of the work pattern for the next 12/24 months, as the case may be (the member states where the drivers usually work);
If I am missing Form A1 what can happen?
The lack of this document in the territory of the European Union can lead to fines for the driver of the vehicle and the company where he is employed.
Real example: following a control in France for not presenting the portable document Form A1, the truck driver was fined 3,269 euros for not having it.
Following a check in the EU member state where the activity is performed, for the non-presentation of the A1 portable document, in addition to the fines applied in the respective country, the Romanian authorities will be notified, respectively the I.T.M. and the county A.N.A.F. in which the Romanian company is based . Romanian control bodies can request, as part of the control undertaken at the request of foreign authorities, documents of the Romanian company for a period between 1-5 years old.
*The fine does not apply in the case of presenting to the control, a document certifying the submission of the file in order to obtain the A1 form, followed by making it available as soon as possible.
Get Form A1 in 4 easy steps
Only through CargoTrack services can you obtain Form A1 in 4 simple steps as follows:
- You send us by e-mail all the information we need for the documentation;
- We prepare the statements for you;
- We also take care of sending the documentation to CNPP – Bucharest;
- The form obtained at the end will be automatically sent to you;
4 reasons to choose CargoTrack
- We make this complex process easier for you to spend time on important things in your business;
- Our team has the necessary experience in compiling and managing files for A1 forms;
- We can exempt you from fines: in case of failure to submit Form A1, the fine is 3,269 euros/employee;
- Take the stress out of documentation and problems that may arise along the way;
- Reduced solution time. You just have to provide us with all the information and the CargoTrack representative provides within 48 hours the registration number/proof for the eventuality of the need to present this document in traffic, in front of the authorities.
