A1 form – what are the most common problems?

A1 form – in January, according to the new procedure,  Health Insurance Institute of Slovenia (ZZZS) issued 4,420 A1 forms. This form is necessary when employers want to send their employees to work abroad. Changed conditions and method of obtaining these forms have caused some problems. The most often is problem, that employers give to the ZZZS wrong  or incorrect documents with application for A1 form.

A Slovenian company which wants to provide services in another EU Member State must obtain a A1 form for each worker, who is going to be sent to work in that country. A1 form proves that worker is included in compulsory insurance in Slovenia at the time of work in another country.

Changed legislation about posted work abroad (ZČmIS) started to apply on 1 January 2018.

You can obtain this form through the e-VEM portal with an electronic application. It can be submitted only by the legal representative of the company or by an authorized person. The issue of the form is responsibility of the ZZZS. After receiving the application, the ZZZS verifies if the company meets the statutory requirements. Within five days, they issue or refuse issuance of A1 form.

>>> Our referent in Data at VEM point can not submit an application for obtaining A1, but we can submit the power of attorney. Jn that basis we can make further actions in obtaing A1 form.

Obtaining A1 form has new more stringent conditions

The process for obtaining A1 form is not more complicated, but the opposite, say the ZZZS. However, there are more strict content conditions. What are the conditions, check in the article Obtaining A1 form for posted workers – new regulations.

ZZZS points out that it is necessary to differentiate the procedures for obtaining a A1 form under Articles 12 and 13 of the European Regulation (Regulation (EC) No 883/2004). The first one deals with posted work abroad, the second on concurrent employment.

The new law applies only to the cases referred in Article 12 of that regulation. This procedure begins with the submission of an application through the e-VEM system. The other procedure (under Article 13) continues to be managed directly by the ZZZS. For more information  you can visit their website.

>> Our experts can help you and submitt the application for the A1 form by the power of attorney. Call us on 01 6001 530 or write to us at data@data.si!

The most problems are caused due to the lack of understanding of the differences between these procedures. Some employers do not distinguish procedures and attempt to obtain a form on both grounds. Since they do not fulfill the conditions for obtaining a form under Article 12, they also submit applications according to Article 13, which does not regulate “real” posted work, but is for “mobile workers”.

The applicants attach inadequate evidence

Applicants are often giving inadequate evidence to the application for A1 form, so are saying workers at the ZZZS.

Firsty, you need the contract of employment of a posted worker. The employment contract must comply with the provisions of the Employment Relationships Act (ZDR-1). In order to regulate the mutual rights of the worker and the employer so that there will be no doubt, different interpretations and conflicts, we recommend our legal consulting. Our legal department can advise you on contractual relationships, and can also prepare an employment contract for you.

Secondly, you need a contract for the provision of a service with a client abroad. As they told us at the Health Insurance Institute, 40 % of all problems are because of the inadequacy of these two contracts.

Often rejection of A1 form is also because of tax. This includes outstanding tax liabilities and / or non-issuance of REK forms for employees.

Contact us!

If you need more information write us to the e-mail data@data.si or call us at tel. number 00 386 1 6006 270 or Viber 00 386 40 530 718.

More information about opening a company in Slovenia can be found in the article: A short guide to opening a company in Slovenia. Company Data is also providing accounting services and business consulting. We also suggest you visit our Facebook.