PD A1 FORM (also applies to posting of workers)
In many situations, a certificate must be issued stating that the citizen (worker) is subject to legislation of a certain State. PD A1 form (Portable Document A1) is issued only after an application, which must be submitted in time to the relevant institution. PD A1 form is issued by the institution of the State whose social security legislation applies to the person. If the institution finds that it is not competent to issue PD A1 form, it shall either inform the applicant, indicating which State should be competent, or forward the application directly to the institution of the other State, depending on the specific case.
In the Czech Republic, all applications for the issue of PD A1 form shall be submitted to the District Social Security Administrations which are territorially competent as follows:
- based on the registered office of the employer or its payroll accounting office;
- based on the place of residence of the migrant worker;
- in cases where it is not possible to determine territorial competence, at any District Social Security Administration.
- PD A1 forms shall be issued by the locally competent District Social Security Administration in the case of the posting of an employee, the posting of self-employed persons, contract staff of the European Communities, civil servants and persons treated as such, persons employed on board a ship, flight crew members and also in the case of simultaneous pursuit of activities.
- Requests for an exceptions from foreign legislation applicable shall be submitted at the locally competent District Social Security Administrations, who pass them onto the CSSA Headquarters, Křížová 25, 225 08 Praha 5 – Department of International Insurance Relations, Employees’ Sickness Insurance Department.
- Request for an exception from Czech legislation shall be submitted at the compenent institution of a foreign state to whose legislation the person wants to remain subject.
Procedure for applying for PD A1 form
In the case of the posting of an employee, the posting of a self-employed person, contract staff of the European Communities, civil servants and persons treated as such, persons employed on board a ship, flight crew members, in the case of simultaneous pursuit of activities in two or more Member States and also in the case of exceptions:
The determination of legislation applicable and the issue of PD A1 form shall be requested via a national application form, i.e.
- For employees – Joint application of an employee and an employer for the issue of a certificate on social security legislation applicable
- For self-employed persons – Application of a self-employed person for the issue of a certificate on social security legislation applicable
- For an employee, who simultaneously is a self-employed person – Joint application of an employee, an employer and a self-employed person for the issue of a certificate on social security legislation applicable
The application shall be accompanied by:
- A verified copy of the employment contract(s), including any amendments and additions thereto (in the case of an employee);
- A verified copy of the certificate of legislation applicable issued by a foreign institution, if such a certificate was issued in relation to the period of this application;
- A verified copy of the contractual documents on the basis of which the activity is provided in the Czech Republic (if the activity is performed there) and abroad;
- Affirmation of a foreign employer (attached to the application for an exception from applicability of foreign legislation, if the applicant has a foreign employer).
All documents / contracts can be verified FREE OF CHARGE by a District Social Security Administration on the basis of their originals.
A District Social Security Administration (in the case of exceptions, the Czech Social Security Administration) will assess the situation on the basis of the application and it will subsequently issue certificate A1. In the case of rejection (non-fulfilment of the conditions), it shall inform the applicant by letter.
Obligations of the migrant worker regarding contractual documents and information
In accordance with Article 3(2) of Regulation (EC) No 987/2009, the migrant worker is obliged to provide the competent institution with all information, documents or supporting documentation necessary to establish their situation or that of their family, to establish or maintain rights and obligations, and to determine the legislation applicable and the person’s obligations under that legislation.
In the case of gainful employment in the territory of another State, the employee is obliged to notify his or her employer of this fact immediately.
Last update on 15. 12. 2020.