A1-Confirmation (Employment Law)
Everything about the A1-Confirmation: requirements, application and common practical problems.
Here you learn ...
what an A1 certificate is
when the A1 certificate is required
how to apply for the A1 certificate
what legal hurdles there are with the A1 certificate
Table of Content
1. Posting within the EU with A1 certificate
2. How do I apply for the A1 certificate?
3. Social Security Agreement (A1)
4. Legal support A1 certificate
5. Conclusion A1 certificate
1. Posting within the EU with A1 certificate
A1 certificates play a crucial role in employees' international assignments . The A1 certificate is essential documentation for employees posted to work within the European Union (EU), the European Economic Area (EEA), Switzerland, and Great Britain/Northern Ireland. It serves to confirm that the individual in question remains subject to the social security regulations of their home country and is not subject to dual social security contributions in the host country.
Employers are required to apply for an A1 certificate for their employees, even if the trip is short-term or a one-day business trip . This applies not only to traditional employees, but also to managers, civil servants, and self-employed individuals who work abroad. Without this proof, inspections by foreign authorities may result in fines or labor law sanctions. The A1 certificate thus provides legal certainty and prevents additional financial burdens due to double social security contributions.
2. How do I apply for the A1 certificate?
The application for the A1 certificate is submitted electronically by the employer – either through a system-approved payroll program or through the social security reporting portal. The employee's health insurance provider is generally responsible for issuing the certificate. If the employee has private health insurance, the certificate is issued by the German Pension Insurance. If the employee has additional professional pension coverage, the application is submitted through the Association of Professional Pension Institutions. It is important that the application be submitted before the start of the foreign assignment to avoid potential social security issues.
After submitting the application, the payroll program creates an application certificate, which serves as proof of timely application. Employees who regularly work in multiple EU countries can apply for a longer-term A1 certificate. In this case, it is issued by the German Liaison Office for Health Insurance Abroad (DVKA) . Self-employed individuals can also apply for such a longer-term certificate if they regularly work in multiple EU countries. The application (GME2) must be sent to the DVKA by mail or fax.
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The validity period of an A1 certificate is a maximum of 24 months . For longer assignments, an exception can be made with the responsible authority in the respective destination country. For short-term business trips of up to one week, the A1 certificate can in some cases be submitted later. However, it should be noted that certain countries, including France, Austria, and Switzerland, require an application before the start of the trip. To avoid legal uncertainties, employers should inform themselves early on about the national regulations of the destination country and plan the application for the A1 certificate accordingly.
3. Social Security Agreement (A1)
Social security agreements are bilateral or multilateral treaties between countries designed to ensure social security coverage for individuals who work in multiple countries or are posted from one country to another. You can easily check online on the website of the German Visa and Consular Society whether an applicable social security agreement exists with the destination country of your assignment. The DVKG provides relevant country information and lists on its website for the A1 certificate .
The respective social security agreements form the legal basis for the A1 certificate. The A1 certificate is proof that a person remains subject to the social security system of their home country while temporarily working in another country. It ensures that there is no double insurance obligation and that social security contributions remain in the home country.
4. Legal support A1 certificate
The electronic application for an A1 certificate is submitted in accordance with Section 106, Paragraph 1 of the German Social Code (SGB IV) and confirms the applicable legal provisions for cross-border employment. If the application is rejected, you have the option of filing an appeal. One of our lawyers will be happy to advise you if your application for an A1 certificate has been rejected .
Summary of this Page
The A1 certificate is essential for employers posting employees within the EU, the EEA, Switzerland, and the UK to ensure legal security and continued enrollment in German social security. It protects against fines, double insurance, and unnecessary social security contributions abroad. Applications are submitted electronically and must be submitted before departure. The national regulations of the destination countries are mandatory, especially for regular assignments abroad or short-term business trips. Anyone requiring legal assistance should seek advice from a specialist immigration lawyer early on.
