The question of what are the legal consequences of the withdrawal of an A1 certificate by ZUS and what steps can/should be taken after receiving such a decision is inspired by the judgment of the Court of Justice of the EU in a case concerning the withdrawal of an A1 certificate ex officio and without a dialogue procedure by the ZUS branch in Toruń (C-422/22). Addressing this issue is all the more important as it was not the subject of the aforementioned ruling. The question was only whether A1 can be withdrawn ex officio without “asking” the French social security institution in this case. Yes, it can. If this happens, the insured risks losing his or her insurance cover, not necessarily linked to the recovery of the premiums paid.
During the workshop, we will follow an example of the procedures for notifying or declaring to insure another Member State, evidently out of time because of the revocation of the A1 certificate. We will answer who is responsible for the correct notification and payment of contributions under the applicable legislation, and under what rules and sanctions. We will consider scenarios in which benefits have been granted while the withdrawn A1 is in force.
1. A reminder of the rules for determining legislation for workers temporarily working abroad and for workers permanently working in two or more Member States:
a. normal activities, subordination, substitution, 24 months
b. marginality, alternation, residence, employer’s seat
2. Discussion of the order of ZUS O/Toruń on the withdrawal of A1, the appeal route and the answer to the questions referred by the Polish Supreme Court,
3. Withdrawal of A1 ex officio. Obligation to notify the competent institution of another Member State.
4. What is the reason for the higher probability of withdrawal of an A1 issued under Art. 13.
5. Ex officio or at the request of the competent institution of another Member State
6. Obligation of loyal cooperation of the insured and the payer, not only of the competent institutions of Member States
7. Appeal against a decision to withdraw an A1 certificate
8. Request for an exceptional arrangement (based on Article 16). Cases in which an institution of another state refuses to conclude an exceptional arrangement
9. Notification of insured person as a result of withdrawal of A1 in selected Member States: Germany, France, Belgium, Austria, the Netherlands,
10. Reimbursement of contributions, reimbursement of benefits, transfer of contributions
We invite representatives of companies – posting practitioners, ZUS employees issuing and especially withdrawing issued A1 certificates, as well as those accepting applications for the conclusion of an exception agreement. We invite researchers interested in labour mobility, lawyers and business advisors and representatives of social partners interested in the issues of cross-border provision of services, temporary work abroad or alternating work in several Member States.
Ask a question
Posting Labs workshops are interactive. Their aim is to exchange practical experiences and share knowledge. Questions asked in advance at firstname.lastname@example.org will be answered first by the presenters.
The 93rd Posting Lab will take place on Thursday 25 January from 12:00 p.m. to 3:00 p.m. Participation online only as always on the zoom platform. We are waiting for applications until 20 January. Payment is a condition of participation.
The workshop will be held in Polish only.