Posting workers from Romania to the EU and obtaining the A1 form
We assist companies sending workers to other EU Member States: from the A1 portable document and posting documents to declaring the posted workers in the host country.
When a Romanian company temporarily sends employees to work in another Member State, two sets of rules apply at the same time. The first concerns social security: the A1 portable document, issued under Regulations (EC) no. 883/2004 and no. 987/2009, proves that the worker remains insured in Romania. The second concerns working conditions in the host state, including the minimum wage that applies there.
In Romania, the A1 form is issued by the public pension system, through the regional pension offices. It is important to establish from the start whether this is a genuine posting or work normally carried out in two or more states, because the rules and conditions differ. A form requested on the wrong basis may be refused or later questioned by the foreign authorities.
We help you prepare the A1 application, draft posting addenda in line with Romanian Law no. 16/2017 and the Labour Code, and meet the notification duties of the host state, such as the advance online notification to German customs (Zoll). If an inspection is coming up, we help you prepare the answers and the documents. Foreign recruitment agencies and clients can work with us in English.
What our posting support covers
- Assessment: posting or work in two or more states, and which social security rules apply
- Preparing and filing the A1 application as the company's authorised representative
- Checking the conditions: substantial activity in Romania, posting duration, link with the employer
- Employment contracts and posting addenda compliant with the Romanian Labour Code
- Written information to the posted employee before departure, as required by law
- Calculating host-state pay elements and posting allowances
- Posting notifications in the host state, such as the advance notification to German customs (Zoll)
- Appointing a contact person and keeping the documents required in the host state
- Extending or amending the A1 form when the duration or place of work changes
- Assistance during inspections by host-country authorities and replies to their requests
- Cross-border posting of non-EU workers lawfully employed by Romanian companies
- Compliance reviews for companies that regularly post staff within the EU
Where we can help
- Your construction company has won a contract in Germany and is sending a team for six months.
- The pension office has asked for further documents or refused to issue the A1 form.
- Your drivers or technicians work in several countries every week and you are unsure which A1 to request.
- The host-state authorities have announced an inspection and want contracts, timesheets and proof of payment.
- You want to post non-EU workers, lawfully employed in Romania, to another EU country.
- The posting is running beyond its original duration and the documents and notifications need updating.
How we work
Project review
We establish where, for how long and under what conditions your employees will work, and determine which rules apply.
Company documents
We prepare the addenda, employee information and evidence needed for the A1 and for the host state.
A1 and notifications
We file the A1 application as your representative and assist with declaring the workers in the host country.
Ongoing compliance
We track extensions and changes and support you if an inspection takes place.
Frequently asked questions
What is the A1 form and why is it needed?
The A1 portable document certifies which country's social security legislation applies to the worker. For a posted employee, it shows that they remain insured in Romania and that, in principle, no social contributions are due in the host state as well. Not having it during an inspection may lead to claims for contributions abroad or to fines, depending on that state's law.
How long can a posting under an A1 last?
Under Regulation (EC) no. 883/2004, the anticipated duration of a posting may not, as a rule, exceed 24 months, and the worker may not be sent to replace another posted person. For longer periods, an exception agreement between the authorities of the states concerned may be requested in certain circumstances. Separately, the host state may apply more of its own employment rules after a certain period.
What does working in two or more states mean?
It is the situation of a worker who normally works in several Member States, such as an international driver or a technician who travels between countries all the time. The applicable legislation is determined under different rules from those for posting, taking into account, for example, the share of work done in the state of residence. Getting this classification right is essential for the form to be issued.
What are the obligations in Germany for posted workers?
In Germany, for certain sectors such as construction or transport, a foreign employer must notify German customs (Zoll) of the posting online before work starts, and keep documents such as contracts, timesheets and proof of minimum wage payments. The exact obligations depend on the sector and the situation. We help you complete the notification and prepare the documents.
Other practice areas
Do you need a lawyer?
Tell us briefly about your situation. We will tell you honestly what can be done and what the next steps are, anywhere in Romania.
