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).
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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.
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.
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