Obtaining A1 form for posted workers
From the 1.1.2018 onwards, an employer can obtain A1 form for posted workers according to new regulations.
With changed legislation about posted work abroad, which began to apply on 1st January 2018, also the conditions and the way in which legal and natural persons with activity (sp) obtain A1 form changed. Based on A1 form the workers can perform their work in other EU member state.
Obtain A1 form according to new regulations
Firstly, it is important that the posted worker receives A1 form to prove that he/she is still enrolled into social security funds in Slovenia.
From 1st January, you can obtain A1 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 VEM referent in Data at VEM point can not submit an application for obtaining A1, but he/she can submit the power of attorney.
Company Data can help you out!
The power of attorney has to be submited electronicly, and then the authorized person can apply for A1. An authorized person can be anyone you trust. In Data you our experts can help you out when submitting the application for the A1.
Call us on 00386 1 6006 270 or write to us via email email@example.com!
A1 is issued by the Health Insurance Institute of Slovenia (ZZZS). The ZZZS has to check whether the employer or the applicant meets the conditions for issuing. They obtain data from the Agency of the Republic of Slovenia for Public Legal Records and Services (AJPES), the Financial Administration of the Republic of Slovenia (Furs), and Labor Inspectorate of the Republic of Slovenia. ZZZS also obtain data from their records about A1 that were issued in the past years for the same company.
How to apply for A1?
The applicant must also submit employment contract of posted worker as well as contract with the services client, on the basis of which he will send the worker to work abroad. He also needs other basic information about the worker, as well as about the services client and the place where the service is performed.
The application must include:
- the start date and the date of the end of work abroad
- the work and tasks that the worker will perform in the context of services abroad
- the address or place of service
- name or personal name, head office or address of the applicant and his contact details
- the name or the personal name and address of the services client
Conditions to obtain A1
The employer can only send a worker to perform services abroad if he usually workes in Slovenia! You can prove it if:
- it has been registered for at least 2 months in the Business Register of Slovenia
- has (unblocked) transaction account
- has an adequate number of employees according to the size of the company and the number of posted workers (at least five to ten workers – at least one has to be involved in social insurance for at least six months. Or if the period of establishment is shorter or employes more than ten workers – at least three workers have to be included in social insurance)
- performs the activity which he stated on the application
- does not violate the main regulation oflabor law (he did not receive a fine more than once in 3 years in connection with labor law)
- employer was sending the calculations of tax deductions for income from employment and
- he does not have unpayed taxes.
Other important facts
The employer has to obtain A1 form for each worker separately. However, each worker can have only one A1 form in one period.
The conditions for the self-employed differ only slightly because they are posted alone and have no employees. In this case, you do not have to meet the condition of employment of other workers, but you must be registered into social insurance for at least two months.
The employer must inform the ZZZS if the worker did not go to work abroad after obtaining A1 form or finished his work earlier. The form can be canceled until the expiry date (but not when is already expired). The ZZZS will notify the competent authorities about that. You also can edit early cancelations only via e-VEM.