Detachment with A1 form in Romania - procedure for A1 in Romania

Employee’s mobility is on many employers’ agenda for a wide

number of reasons, including limited qualified resources and entering

new territories. The procedure for detachment in Romania is one of

Europe’s difficult cases and basically Romania looses a lot of taxes by

a central agency that is working with a procedure that is contra

productive and against migration to other regions in Europe. But with

a lot of effort you will obtain your A1 form as employee or

independent worker – PFA. We hope that the government will

simplify the application to obtain European standards (e.g. Belgium

you will have it in a couple of days by mail).

For more info mail frjacobs@telenet.be

How to proceed in order to get the A1 form in Romania?

You can leave on a short assignment to another EU country

(maximum 2 years) while staying covered by your home country's

social security system; you will be then considered a posted worker.

You can be either an employee posted by your employer, or a self-

employed person (PFA).

Rules on postings are designed to make it easier for you to work

abroad for a limited period:

• You won't need a work permit - unless you are an employee

posted from Croatia to Austria, where restrictions apply to work

in certain sectors.

• You won't need to have your professional qualifications

recognised; however, you may need to make a written

declaration for some professions

• You will keep on paying contributions to your home country's

authorities

• You will be covered by your home country's social security

• In your host country you will however be subject to local rules -

which means you could be asked to pay for services that are

provided for free at home: find out about different social security

systems in the EU

• Once you retire, you won't have to deal with social security

institutions from different countries - your host country's

institutions will not be involved.

While EU rules ensure that you can stay covered by your home social

security, there are no EU-wide laws laying down which country can

tax your income during a posting. This may be set out in national laws

or tax agreements between countries - but these agreements do not

cover all eventualities and vary considerably.

Remaining in your home social security system with the A1 form

from romania

If you wish to remain in your home social security system in

Romania, you'll need an A1 form (formerly the E 101 form). This

form proves that you and your dependents are still covered by your

home system while abroad - for up to 2 years.

• If you are an employee, make sure your employer gives you the

A1 form

• Keep this form with you

• If you are self-employed, get the A1 form from the social

security institution you are registered with in your home country

and keep this form with you

• For Belgium you need to register at www.limosa.be in order to

obtain a form with a QR- code for labour inspections

You should be able to present the A1 form to the authorities at any

time during your stay abroad. If you're unable to, you might have to

pay social security contributions there. If you are checked and have a

valid A1 form, your host country must recognise it.

Professional qualifications when you apply for an A1 form in

Romania

To work temporarily in another EU country, you don't need to apply

to have your qualifications recognised.

Obligations of the employer in the EU outside of Romania

If you are an employee, your employer is obliged to comply with the

host country's basic rules on employee protection for the duration of

your posting; these include:

• minimum wage (your salary may not be less than the local

minimum wage)

• maximum work periods and minimum rest periods

• working hours (you may not work more than a defined amount

of hours)

• minimum paid annual leave (you are entitled to holidays)

• health and safety at work

• employment conditions for pregnant women and young people

• rules prohibiting child labour.

Legislation

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, the regulations

that apply in the relationship between EU Member States and

European Economic Area.

For more info mail frjacobs@telenet.be