No A1 certificate for business trips abroad lasting less than three days?

Short trips without an A1 certificate? A recent EU draft stipulates that, in future, an A1 certificate will no longer be required for business trips abroad lasting up to three days within a 30-day period. The only exception would apply to those working in the construction sector, where the existing requirements are set to remain in place.

The basics: What is the A1 certificate?

The A1 certificate sets out which social security legislation applies to a posted worker or a person working temporarily in another EU/EEA country or Switzerland. The legal basis is provided by the EU coordination regulations, in particular Regulation (EC) No 883/2004 on the coordination of social security systems and its Implementing Regulation (EC) No 987/2009. The A1 certificate serves as proof for authorities and employers in the host country that the home country's social security legislation continues to apply, thereby preventing the payment of two sets of contributions.

In practice, this means that even short business trips – such as for meetings, training courses, trade fairs or client appointments – are generally subject to the A1 rules. Many companies are familiar with the challenges this entails: 

• administrative burden, 
• digital application processes, which vary depending on the Member State and 
• potentially substantial risks associated with checks (e.g. warnings, fines, or the rejection of employees by authorities or clients).

A1 certificate: current developments and proposed provisions

For some time now, there have been discussions at EU level regarding measures to ease the burden for very short business trips. Specifically, the current draft proposes that, in future, companies should no longer be required to obtain an A1 certificate for stays abroad of up to three days within a 30-day period. The crux of the debate remains how to define this approach narrowly: For certain, clearly defined short stays for business or meeting purposes, there should be an option to waive the requirement to carry or apply for an A1 certificate, provided certain conditions are met. The aim is to reconcile the reality of modern mobility – such as one-day trips for meetings – with a proportionate administrative framework, without undermining social protection or the collection of contributions.

What exceptions are set to apply to the construction sector?

Those working in the construction sector are excluded from the new rules as defined in Annex 6 pursuant to Article 15 of Implementing Regulation (EC) No 987/2009. This covers all building work relating to the construction, repair, upkeep, alteration and demolition of buildings. The European Commission maintains that the construction sector must remain excluded from the three-day exemption, as this sector is characterised by a high number of posted workers, frequent cases of fraud and an above-average accident rate. In the Commission's view, an exemption would jeopardise the achievement of the Regulation's objectives, which is why the general obligation to notify must remain in place even for activities of short duration. The European Commission believes that this measure will enable national labour inspectorates to carry out effective checks and better tackle abusive practices and safety risks in the construction sector. In the construction sector, the obligation to notify the competent authority in advance and to apply for and carry an A1 certificate therefore remains in place.

What should companies be doing now?

Important for the application of the law today: As of the date of this article, a binding, EU-wide exemption has not yet come into effect. Companies should therefore continue to assume that the current A1 requirement applies and manage their processes accordingly. 

Until new EU legislation has been officially adopted and comes into force, a conservative approach is recommended:

• Ensuring process clarity: For all cross-border deployments, please continue to check whether an A1 certificate is required and submit applications in good time. 
• Clearly documenting purposes of the trip: Record the purpose, duration, host country, persons involved and nature of the work in writing. This makes both A1 applications and any checks easier. 
• Preparing for the 3/30 counting system: Introduce calendar and tool-based trackers to record each employee's stays abroad to the day within rolling 30-day periods. 
• Bundling short trips: Where possible, combine short trips within the same country to reduce the frequency of applications. 
• Long-term A1 certificate: Where employees work regularly in several Member States, it is worth checking whether it is possible to obtain a certificate that establishes the long-term applicability of German social security law. Applications for individual trips would then no longer be required.
• Responsibilities and tools: Designate the responsible HR/payroll teams, provide self-service guides and familiarise yourself with the digital application systems of the relevant authorities. 
• Monitoring: Actively monitor developments in EU law and update policy documents, travel checklists and training programmes when new rules come into force. 

Common misconceptions about short trips can be avoided

A common misconception is that A1 certificates are only required after a certain number of days. Under current law, an A1 certificate may be required from the very first day of deployment, provided that the conditions for temporary work abroad are met.

It is also misguided to equate A1 rules with the posting guidelines under employment law: A1 relates exclusively to classification under social security law; it does not cover minimum wages, working hours or occupational health and safety, which must be assessed separately. Nor does the A1 certificate provide any assistance in the context of tax and residence law.

Less red tape for business trips: prospects for the 3/30 rule and the A1 certificate 

The political aim is clear: Reduce red tape for short business trips, in particular through a potential 3/30 rule (up to three days within a 30-day period without an A1 certificate), without creating gaps in protection. For Legal, HR and Mobility teams, this means fewer spikes in applications and less disruption during checks in the long term – but only if the new rule is introduced. Until then, the A1 certificate remains the standard form of proof of social security coverage within the European Single Market. The first reading in the European Parliament is scheduled for 6 July 2026. It remains to be seen what the outcome will be.