Informacija-draudejams.png

Issuing of A1 certificates to employees sent to work to EU countries

What is A1 statement and what is it for?

A1 statement is a document certifying that a person is covered by social insurance in Lithuania and no contributions of such insurance will have to be paid to cover him/her in the foreign country to which he/she is sent on a business trip. This statement is required for employees of Lithuanian companies, who are sent by their employer to work abroad. 

Close
Where the A1 statement is issued?

A1 statements are issued by "Sodra’s" Foreign Benefits Office

Close
Whom the A1 statements are issued to?

A1 statements are issued to employers. The employers themselves have to apply to "Sodra" for these statements.

  The statements are issued to the employer, not to the employee.

Close
What documents should the employer submit for the A1 statement?
  • Filled out employer’s application. This application is to be submitted once a year. The companies providing transport services may leave blank Item 7 in the application, which asks about the employer’s income from business in Lithuania and abroad.
  • A request to issue a statement on the application of Lithuanian social insurance legislation to the employee sent to work abroad. The request shall be signed by the employer or its authorised person. Irrespective of how many employees are sent, only one request must be filled, attaching the application of each sent employee thereto. 

 For example, when 5 employees are sent to work abroad, one request to issue a statement on the application of Lithuanian social insurance legislation to the employees, and in Item 2 of the request it should be indicated that 5 annexes "Application of a sent person" are attached.

  • Application of a sent person (to be filled for each employee). When filling the application, in Item 1 it is important to indicate the employee’s first and last name, personal identification number and address in Lithuania. In Item 2.1 it should be indicated that the person is the driver of international transport, as well as the countries through which he/she is travelling. The employee’s signature is not required in the sent person’s application.

Other annexes:

  • Certified copies (1–2) of the agreements or orders under which the transport services are provided. 
  • If the sent person is not a citizen of Lithuania – a certified copy of his/her ID.
  • If the sent person is a citizen of third countries – a certified copy of the permit of residence in Lithuania or D visa.

 

  The copies of the documents must be certified as per the established procedure and of high quality, i.e. easily legible.

The request and other documents (scanned copies) may be submitted via the E-Service System for Insurers (EDAS).

Close
How to submit requests for the issue of A1 statement?

Requests to the Foreign Benefits Office of the Fund Board may be submitted:

  1. In the personal "Sodra" insurer’s account.
  2. In the personal "Sodra" resident’s account.
  3. Directly at the "Sodra" department.
  4. By mail or through a courier.
  5. Through the National Information System for the Delivery of Electronic Correspondence (hereinafter – the E-Delivery System).

 The copies of the documents must be certified as per the established procedure and of high quality, i.e. easily legible.

Close
How long will it take to present the decision regarding the statement?

The Foreign Benefits Office must make a decision regarding the issue of A1 statements within 20 business days from the date when all the documents were received.

  Upon company’s request, a statement may be issued, certifying the acceptance and analysis of the requests. 

Close
How is the A1 statement issued?

One copy of A1 statement issued to each employee is sent (delivered) to the employer. By submitting the request, the employer undertakes to notify the sent employee about the conditions for sending him/her to work abroad and employee rights and obligations.

Close
Does the employee sent to work abroad have to carry the A1 statement with him/her, or is it enough to have the statement issued and kept by the employer?

The employer sending the employee abroad must find out the procedure for A1 statements in the foreign country or countries the employee is travelling to. Some countries require the employees to present the original statement, for others a copy is sufficient, and others require other documents that can be presented remotely by a company’s representative.

Close
In what cases the employer has to return the issued A1 statements?

Within 5 business days, the employer of the person sent to work abroad must notify the Foreign Benefits Office and return the A1 statement to it, if:

  • the sending to work abroad for which the application was made has not occurred;
  • the sending to work abroad was terminated, except the cases when the termination of activities in the countries which the employee had been sent to were short term;
  • the permit of residence in Lithuania or D visa is cancelled.

The employer of the person sent to work abroad must return the A1 statement to the Foreign Benefits Office within 5 business days also when the duration of the non-insured periods for the sent person exceeds one fifth of the whole period for which he/she is sent.

If you have any questions, please call "Sodra" Information Centre at 1883 or (+370) 5 250 0883 (also available when calling from abroad). 

Close
Austrian law amendments regarding the A1 documents

In Austria as of 1 January 2017 the Law on Wages and Social Dumping, which covers aspects of labour law regarding the posting of workers, has changed. This law establishes a requirement that posted workers must have valid documents certifying the established law applicable to the employee in the field of social security (i.e. the Al or other documents issued to the person).

If the established requirements are not complied with, fines can be awarded. An Al document issued to a person must be submitted as soon as possible, if required by the controlling institutions. The document issued on an earlier date is also valid.

Such a requirement was already applied before. However, the change in the law made it clear that all other documents except the AI document must be written in or translated into German. The translation is not required to be officially verified.

The purpose of the changes in the law is to clarify the uncertainties found in the past. The new procedure is expected to be useful both for the employees sent on business trips and their employers.

Since the documents issued earlier are also accepted, this should not be a hindrance for employers to have the necessary documents when sending employees on business trips even for a relatively short period of time.

Close
French law amendments regarding the A1 documents

In France as of 1 April 2017 an internal legislation came in force, requiring employees conducting activities in France under employment contract or independently (if they are subject to the social security legislation of another member state) to have in their workplace and be prepared to submit to the inspection services the documents certifying the social security legislation, i.e. A1 documents, applicable to them.

The AI document issued to a person may be submitted by:

  • the employee him/herself;
  • his/her employer or representative in France, if the employee works under an employment contract;
  • contractor operating in France, on behalf of whom the services are provided.

If at the time of inspection the AI document (or a request to issue the AI document, as explained below) is not submitted and if the employee is subject to the social security legislation of another member state, a predetermined amount of fine may be imposed on the contractor operating in France. Contractors must ensure that employees acting on their behalf comply with the social security legislation, whether this legislation is included in the French social security system or not. Otherwise, they will be penalized for violations in subcontracting for undeclared work.

If the employer or other person concerned is unable to obtain the Al document prior to the inspection, it is established that a copy of the request for Al documents submitted to the competent authority of another member state may be submitted as a proof, provided that the Al documents will be submitted within two months. In such cases the contractors are not fined.

Frances notes that the purpose of the adopted changes in the legislation is not to hinder free provision of services. The sole purpose is to improve the ability of inspection services to obtain information on the social security status of workers working in France, if they are not covered by the French social security legislation. Furthermore, this allows the employees to be better informed about their own social guarantees.

Close
Update date: 2019-05-21
Is the information useful?

Can not find what you are looking for? Choose the most suitable option for getting information.