What is the A1 Certificate and What Does It Mean for a Professional Driver?

What is the A1 Certificate and Who Issues It in Poland?

The A1 certificate is a form confirming that an employee performing duties abroad remains subject to the Polish social security system and pays contributions in Poland. This document is issued by the Social Insurance Institution (ZUS) upon request by the employer or a self-employed person.

What is the A1 form and what is it used for?

The current A1 certificate is a document confirming which social security legislation applies to a person working within the European Union, the European Economic Area (EEA), or Switzerland. The A1 certificate confirms that the holder is covered by social insurance in Poland and is exempt from paying contributions in the country where the work is performed. Simply put, the A1 certificate proves that while working abroad, the employee remains subject to the Polish social security system, not the system of the country where the services are currently provided.

The A1 certificate has a declaratory nature — it does not create rights but only confirms the existence of rights in a particular case. It is binding for the social security institutions of the member state where the work is performed. Additionally, it forms the basis for issuing the European Health Insurance Card (EHIC), which allows access to healthcare services in other EU countries.

Legal basis: EU Regulations 883/04 and 987/09

The A1 form is issued based on two key European Union legal acts:

• Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (the basic regulation)
• Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation No 883/2004 (the implementing regulation)

These EU regulations enable the free temporary provision of services while avoiding unnecessary difficulties such as overlapping contributions and obligations resulting from simultaneous or alternating application of several legislations.

Who Issues the A1 Document in Poland?

In Poland, the institution responsible for issuing the A1 form is the Social Insurance Institution (ZUS). The certificate can be issued for a maximum period of 12 months for one employee. The application for the A1 certificate can be submitted by the employee, employer, or a self-employed person.

Before issuing the A1 certificate, certain conditions must be met, including:

• The entrepreneur must conduct a significant part of their business activity in Poland;
• The employee will be posted for less than 24 months;
• The employee cannot replace another posted employee;
• The posted employee must have been subject to the Polish social security system for more than one month before starting work abroad.

It is worth noting that since March 31, 2022, ZUS has published guidelines for issuing A1 certificates to foreigners from outside the EU, EEA, and Switzerland, who must meet additional conditions, including proving legal residence in Poland.

Who Can Obtain the A1 Certificate?

According to EU regulations, the A1 certificate can be issued to various groups of people working within the European Union. Regulation No 883/04 and Regulation No 987/09 precisely define who can apply for this document, including:

Posted Employee

A posted employee is a person performing work in another member state on behalf of a Polish employer. To receive the A1 certificate, certain conditions must be met:

• Work abroad must be performed on behalf of the posting company, and the posting period must not exceed 24 months;
• Third-country nationals cannot be sent to replace another posted person.

For persons employed specifically for posting workers, prior coverage under Polish legislation for at least one month is required.

Person Working in Several EU Countries

The A1 certificate is also available to persons who normally perform salaried work in two or more EU countries. In such cases, the person is subject to the legislation of the country of residence if they perform a significant part of their work there. If they do not perform a significant part of their work in the country of residence, they are subject to the legislation of the country where the employer’s registered office is located.

Self-Employed Providing Services Abroad

Entrepreneurs temporarily providing services abroad but conducting business activity in Poland can also apply for the A1 certificate. The essential condition is to demonstrate that Poland remains the main place of business activity despite working abroad. A self-employed foreigner from a third country must conduct business in Poland for at least two months before starting work abroad and maintain infrastructure in Poland enabling continuation of business upon return.

How to Obtain the A1 Certificate from ZUS in Poland?

Obtaining the A1 certificate requires submitting an appropriate application to ZUS. This process involves preparing the necessary documents and following specific procedures.

How to Submit an Application for the A1 Certificate at ZUS in Poland?

Since April 1, 2022, ZUS accepts applications for the A1 certificate exclusively in electronic form. The PUE ZUS system allows not only submitting the application but also monitoring its status.

Required Documents: Contract, Legal Residence, Domicile

The application for the A1 certificate must include documents confirming that the employee performs work or runs a business:

• Passport;
• Posting certificate (for posted employees);
• Documents confirming business activity (for entrepreneurs).

For citizens of third countries (outside the EU, EEA, and Switzerland), proof of legal residence in Poland is also required. ZUS recognizes a person as legally residing if they hold a tax residency certificate and one of the following documents: long-term EU resident permit, permanent residence permit, temporary residence and work permit, Schengen visa, or national visa.

Forms US-54, US-55, and Others

The choice of the correct form depends on the applicant’s specific situation:

• US-1 – for entrepreneurs posting themselves abroad;
• US-2 – for persons conducting business who will work alternately in several countries;
• US-3, US-4 – for other cases specified in regulations — for drivers, this will be form US-4.

Since May 2, 2018, third-country nationals must also attach form US-54 “Information on the legality of residence of a third-country national.” This document confirms compliance with the legal residence condition necessary for coverage under EU coordination rules for social security systems.

Waiting Time and Confirmation of Application Submission

The standard waiting time for issuing the A1 certificate is about 30 days (depending on internal queues at the ZUS branch), but in exceptionally complicated cases, the process may take up to 2 months. After submitting the application via PUE ZUS, its status can be monitored electronically. The status “application under consideration” means ZUS is analyzing the documents. A positive decision changes the status to “A1 certificate – issued.”

The Importance of the A1 Certificate for Drivers

For drivers performing international transport, the A1 certificate is a key part of the documentation. Its importance in road transport is steadily increasing, which is confirmed by the dynamic growth in the number of certificates issued. Lack of the A1 certificate may result in refusal to recognize the employee’s posting by foreign control authorities, leading to the obligation to pay contributions in the country where the work is performed.

Obligation to Have the A1 Certificate in International Transport

Truck drivers working in international transport must have the A1 certificate when performing transport to many EU, EEA countries, and Switzerland. This document is especially required when traveling to Germany, France, Italy, and Belgium. The responsibility for applying to ZUS for the certificate, which confirms valid health insurance for the driver in Poland, lies with the employer.

Foreign Controls and Penalties for Lack of the Document

In the event of foreign inspections, lack of the A1 certificate may lead to serious consequences. Carriers face financial penalties and even suspension of the right to provide services in a given country. In France, a penalty will not be applied only if proof of submission of the application for the form is presented during the inspection and the document is issued within two months of the inspection.

Problems with Obtaining the A1 Certificate for Non-EU Citizens in Poland

ZUS increasingly refuses to issue the A1 certificate to foreign drivers from third countries legally employed in Poland. The main reason is questioning the legality of residence of third-country nationals in Poland. Different ZUS branches interpret residence rules differently, leading to inconsistent practices.

The Role of the A1 Certificate in Obtaining the EHIC Card

The A1 certificate is a prerequisite for issuing the European Health Insurance Card (EHIC), which is important when working abroad. Without the A1 certificate and the EHIC issued on its basis, a driver injured abroad must pay the full medical bill out of pocket.

More about the EHIC card can be found in our article: What is the EHIC Card for International Drivers and How to Obtain It in Poland?

What is a Retroactive A1 Certificate?

A retroactive A1 certificate is a document issued by ZUS with a backdated validity, confirming that the employee was covered by the Polish social security system during the period of work abroad. Such a certificate can be obtained if the application was not submitted on time — for example, due to delayed posting or administrative errors. A withdrawn A1 certificate allows avoiding double payment of contributions in Poland and the country of work, provided the applicant proves they met the conditions for coverage under the Polish social security system.

What Documents Are Required to Obtain a Retroactive A1 Certificate?

To obtain a retroactive A1 certificate, documents such as a copy of the foreigner’s passport, a document legalizing work in Poland, and a valid residence document (visa, residence card, etc.) are required.

What is the A1 Certificate? - Summary

The A1 certificate from ZUS confirms coverage by Polish social insurance during work abroad. It protects against double contributions, is mandatory for posted drivers, and serves as the basis for obtaining the EHIC card. It is usually issued for up to 12 months, with a retroactive version allowed in justified cases.

Need help obtaining an A1 certificate or legalizing the work and stay of foreingers from outside the EU in Poland? Contact us! Our specialists are happy to help!