The National Institute for Social Security (INPS) in Italy has been actively involved in the process of digitizing its services. In order to advance in this process, as of December 23, 2022, it became possible to submit applications for the issuance of the certificate of applicable legislation (commonly known as A1) for various types of workers, both self-employed and employees.

Until now, the request for an A1 certificate was electronically submitted by private employers or authorized intermediaries:

  • Exclusively for maritime workers (Article 11, paragraph 4 of Regulation (EC) No. 883/2004).
  • For posted employees (Article 12, paragraph 1 of Regulation (EC) No. 883/2004).
  • For derogation agreements for the extension of the posting of employed workers (Article 16 of Regulation (EC) No. 883/2004).

For all other cases provided for by Regulation (EC) 883/2004, the submission of the A1 certificate request was only possible through other means, specifically by completing the relevant forms to be submitted via certified email (PEC) or registered mail with acknowledgment of receipt (A/R) to the designated office for issuance.

Starting from December 23, 2022, electronic submission is possible for the following subjects falling into additional cases provided for by Regulation (EC). The worker or another authorized representative can electronically submit a request in the following scenarios:

  • Posted self-employed worker (Article 12, paragraph 2).
  • Self-employed worker conducting activities in multiple EU member states (Article 13, paragraph 2).
  • Worker who habitually performs both employed and self-employed work in multiple EU member states (Article 13, paragraph 3).
  • Public employees performing both employed and/or self-employed work in multiple EU member states (Article 13, paragraph 4).
  • Employed worker conducting activities in multiple EU member states (Article 13, paragraph 1) – under Article 16 of Regulation (EC) No. 987/2009, the A1 request can be directly made by the worker; however, if the worker is solely employed by one employer, the request can be electronically submitted by the employer with the employee’s delegation.
  • Flight crew and cabin personnel (Article 11, paragraph 3) – if the employed worker has only one base of service located in Italy, the request for the issuance of an A1 certificate can be submitted by both the employee and the employer. In the presence of two or more service bases, the application can only be made by the employee.

Exceptions provided for in Article 16:

  • Generic and extension derogation agreements for self-employed worker posting.
  • Employed/self-employed worker subject to the legislation of the state where they work (Article 11, paragraph 3, letter a).

Requests made directly by the worker can be submitted using SPID credentials, CIE, or CNS for access to computer systems.

Electronic submission in one of the aforementioned scenarios became mandatory as of April 1, 2023. Until March 31, 2023, it will be possible to choose whether to use the electronic channel or the previous means of application (paper form to be sent via PEC or registered mail).

After this date, requests must be submitted exclusively through electronic channels, and paper submissions will only be accepted by social security authorities’ offices in cases where electronic transmission is not possible (due to system malfunctions).

Author: Expatriates Key Solutions srl