Certificate A1 (also applies to posting of workers)

In many situations, a certificate must be issued stating that the citizen (worker) is subject to legal regulations of a certain State. This certificate – A1 form (PD A1, Portable Document A1) is issued only after an application, which must be submitted in time to the relevant institution. Certificate A1 is issued by the institution of the State whose social security regulations apply to the person. If the institution finds that it is not competent to issue certificate A1, 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 certificate A1 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;

• in cases where it is not possible to determine territorial competence, at any district social security administration.

• Certificates A1 shall be issued by the locally competent district social security administrations 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 exemption from legislation applicable are submitted by the locally competent social security administrations to the CSSA Headquarters, Křížová 25, 225 08 Praha 5 – Department of International Insurance Relations, Employees’ Sickness Insurance Department.

Procedure for applying for certificate A1

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, 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 certificate A1 shall be requested via a national application form, i.e.

• For employees – Request for determination of legislation applicable for an employee

• For self-employed persons – Request for determination of legislation applicable for a self-employed person

• For an employee, who simultaneously is a self-employed person – Request for determination of legislation applicable for an employed person, who is simultaneously self-employed

The application shall be accompanied by:

1. A verified copy of the employment contract(s), including any amendments and additions thereto (in the case of an employee);
2. A verified copy of the certificate of legislation applicable issued by the foreign institution, if such a certificate was issued in relation to the period of this application;
3. 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;
4. Statutory Declaration of a foreign employer (attached to the application for an exemption 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 regarding contractual documents and information

In accordance with Article 3(2) of Regulation (EC) No 987/2009, the migrant 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 immediately notify his or her employer of this fact.