Hlavní informace
A worker, who temporarily works abroad or who simultaneously works in the Czech Republic and abroad, shall request determination of the state of insurance. There may be also other specific situations where the client needs to have the state of insurance determined and a certificate on legislation applicable issued regarding all his/her gainful activities. This applies to gainful activities carried out within the EU or in the Contracting States.
Týká se vás to pokud
You are an employee, a self-employed person, a civil servant, a mariner, a flight or cabin crew member, or you are engaged in another gainful activity. You are temporarily posted to perform activities in another Member State or Contracting State, or you work simultaneously on the territory of two or more Member States or Contracting States.
You need to know in which state you should be covered by social and health insurance.
You need a certificate on legislation applicable to prove your legislation applicable in the event of an inspection on the territory of another state.
You may find more information on the website of the Czech Social Security Administration.
Kdy službu řešit
In case of posting of an employee, a posting employer shall submit the request in advance if possible. The deadline is set by Article 15.1 of Regulation (EC) No 987/2009.
In case of posting of a self-employed person, a self-employed person shall submit the request in advance if possible. The deadline is set by Article 15.1 of Regulation (EC) No 987/2009.
In case of a person who carries out activities on the territory of two or more Member States, this person shall apply for determination of legislation applicable at the moment when he/she starts to carry out this activity. The notification obligation is stated in Article 16.1 of Regulation (EC) No 987/2009 and is linked to the occurrence of the fact.
In case of a different situation, you apply as needed.
Vyřízení služby
Co potřebujete pokud službu řešíte
With the application, you have to attach an employment contract and other documents proving that you are carrying out activities on the territory of the Czech Republic or other Member States or Contracting States.
If necessary, the CSSA employee will ask you to submit additional documents needed to assess your situation and determine the legislation applicable.
You are required to submit these documents in accordance with Article 3.2 of Regulation (EC) No 987/2009 or according to international agreements on social security.
Kde a jak službu řešit
You can submit the application in person or by post at your competent social security administration. You can may contact details on the Czech Social Security Administration website.
Kolik budete platit
None
Doplňující informace
Jaký má služba benefit
Both the worker (employee/self-employed) and the employer have legal certainty which social security legislation applies to the worker and has to be followed e.g. when fulfilling insurance obligations and contributions, or from which system the worker is entitled to benefits.
At the same time, the worker is protected against double insurance for all sectors of statutory social insurance.
By submitting the application, an employer posting employees to temporarily perform activities on the territory of another Member State shall fulfill the obligation specified in Article 15.1 of Regulation (EC) No 987/2009.
By submitting the application, a self-employed person who posts himself/herself to temporarily perform activities on the territory of another Member State shall fulfill the obligation specified in Article 15.1 of Regulation (EC) No 987/2009.
By submitting the application, a person who carries out activities on the territory of two or more Member States shall fulfill the obligation to notify the social security institution of the Member State of residence specified in Article 16.1 of Regulation (EC) No 987/2009.
In case of an inspection of the labor inspectors of the Czech Republic and another state, the worker has to prove himself/herself with the A1 form, bilateral form or a confirmation of submission of the application, otherwise he/she and/or the employer may face sanctions according to the laws of the respective state.
Možnosti odvolání
If you do not agree with the determined legislation applicable and you wish to be subject to the legislation of another Member State or Contracting State, you may request an exception from the applicable legislation.
You apply for an exception in the state whose legislation you want to be subject to. There is no entitlement to be granted an exception.
The application can be submitted in the same way as in the other cases mentioned.
Legislativa
Sankce
A natural person with permanent or registered stay on the territory of the Czech Republic, who is employed or self-employed on the territory of two or more Member States of the European Union, is obliged to notify the competent social security administration according to the place of permanent or registered stay of such a fact on the prescribed form within 30 days after starting such an employment or self-employment. A fine of up to CZK 20,000 may be imposed for failure to fulfill this obligation.
If the facts decisive for determination of legislation applicable change, it is your duty to report this to the competent social security administration.
Časté dotazy
We are a Czech company and our employee will go abroad (EU) for construction work for 3 months. The employee should have an A1 form. How to apply for it?
An application for determination of legislation applicable for an employee should be submitted. With the application, you have to attach an employment contract and other documents that prove the performance of activities on the territory of the Czech Republic and the Member State where the employee is posted.
I am an international truck driver and a self-employed. I will transport cargo to Slovakia, Germany and Austria. Do I need an A1 form? How do I apply for it?
If you operate in two or more Member States, you should submit an application for determination of legislation applicable for a self-employed person. With the application, you have to attach documents proving the performance of activities in the Member States.