• The new Sustainable Mobility Law (Law 9/2025, of December 3) obliges companies with more than 200 employees per workplace to implement a Sustainable Workplace Mobility Plan negotiated with workers’ representatives by December 2027

• Along with the new developments in the concession model for regular passenger transport by road, rail transport, or road freight transport, the 3rd Final Provision of the Sustainable Mobility Law (BOE 12/04/2025) includes the amendment of the recast text of the Workers’ Statute Law, to include measures to promote the implementation of sustainable workplace mobility plans in the negotiation of collective bargaining agreements

The Sustainable Mobility Law will oblige companies with more than 200 workers (or 100 per shift) to implement sustainable mobility plans (PMST), negotiated with the legal representation of workers, within 24 months of its publication, i.e., December 5, 2027.

OBLIGATION TO NEGOTIATE PMST: NEW WORDING OF THE THIRD PARAGRAPH OF ARTICLE 85.1 OF THE WORKERS’ STATUTE

Paragraph 1 of Article 85 of the Workers’ Statute is worded as follows:

«1. Within the respect for the laws, collective bargaining agreements may regulate matters of an economic, labor, trade union nature and, in general, any others affecting employment conditions and the scope of relations between workers and their representative organizations with the employer and employers’ associations, including procedures to resolve discrepancies arising during the consultation periods provided for in Articles 40, 41, 47 and 51; arbitration awards that may be issued for these purposes will have the same effectiveness and processing as agreements reached during the consultation period, and may be challenged under the same terms as awards issued to solve disputes arising from the application of agreements.

Without prejudice to the freedom of the parties to determine the content of collective bargaining agreements, in the negotiation of such agreements there will be, in all cases, the duty to negotiate measures aimed at promoting equal treatment and opportunities between women and men in the workplace or, where appropriate, equality plans with the scope and content provided for in Chapter III of Title IV of Organic Law 3/2007, of March 22, for the effective equality of women and men.

Likewise, through collective bargaining, action protocols will be negotiated that include risk prevention measures specifically referring to actions in the event of catastrophes and other adverse weather phenomena.

Furthermore, there will be a duty to negotiate measures to promote the preparation of sustainable workplace mobility plans with the scope and content provided for in Law 9/2025 on Sustainable Mobility, aimed at seeking mobility solutions that include the promotion of collective transport, low-emission mobility, active mobility, and shared or collaborative mobility, in order to achieve air quality and emission reduction targets, as well as to prevent congestion and accidents during commutes to work».

The 1st Transitional Provision establishes the obligation to collectively negotiate the PMST in the negotiation of collective bargaining agreements whose negotiating committee is set up as of the date of entry into force of the law (12/05/2025).

SUSTAINABLE MOBILITY PLANS

Section 1 of the LMS includes obligations for the preparation of sustainable mobility plans by local entities, for large centers of activity, and sustainable workplace mobility plans. The obligations related to sustainable workplace mobility plans (PMST) are of greatest interest to companies.

1. Sustainable mobility plans for local entities

Sustainable Mobility Plans for local entities are defined as planning instruments whose objective is to promote more sustainable, efficient, and environment-friendly mobility. Within this modality, we find two situations:

Sustainable mobility plan for local entities: a planning instrument that includes a set of actions within a given territorial scope whose objective is to implement mobility models and forms of travel with a lower environmental impact, such as public transport, shared and collaborative mobility services, and active mobility. [art. 2.g) of the LMS].

Simplified sustainable mobility plan for local entities: a mobility planning instrument conceived for municipalities with fewer than 50,000 inhabitants which, without necessarily including the full content of a sustainable mobility plan, allows for a quick and simple diagnosis and the adoption of specific measures to promote mobility with a lower environmental impact that best adapt to the specific situation of the corresponding municipality, considering different modes of sustainable transport, including active mobility. [art. 2.r) of the LMS].

Within one year from the entry into force of the LMS, without prejudice to the provisions of Article 14 of Law 7/2021, of May 20, on Climate Change and Energy Transition, municipalities with more than 20,000 inhabitants and fewer than 50,000 inhabitants must adopt a simplified sustainable mobility plan for local entities, which must be reviewed at least every six years unless regional legislation establishes a different periodicity.

ACCORDING TO THE ATTACHED REGULATIONS, THE FOLLOWING KEY ASPECTS ARE ESTABLISHED (ART. 24 OF THE LMS)

Compulsory nature: Municipalities with a population between 20,000 and 50,000 inhabitants must prepare a simplified sustainable mobility plan within one year from the entry into force of the law. This plan must be reviewed every six years, unless regional legislation provides for a different periodicity.

Extension of the obligation: Autonomous Communities may recommend or require the preparation of sustainable mobility plans for municipalities not included in the previous section, supra-municipal entities with competencies in territorial planning, urban development, transport or mobility, and groupings of municipalities. If a municipality is integrated into a supra-municipal entity obliged to have a plan, this obligation will replace that of the municipality.

Minimum content: The plans must include measures for the management of urban goods distribution, cooperating with adjacent municipalities to establish homogeneous criteria. Furthermore, they may take as a reference the methodological guidelines provided for in the regulations.

Monitoring: Territorial entities obliged to prepare these plans must submit a monitoring report every three years on the level of implementation of the actions and the evaluation of the measures included in the plan.

Registry: The EDIM (Mobility Impact Diagnosis Study) will include a registry of sustainable mobility plans and their most relevant parameters and indicators, as agreed upon in the Territorial Forum for Sustainable Mobility.

2. Sustainable mobility plans for large centers of activity

Sustainable mobility plans for large centers of activity are planning instruments intended to promote more efficient, sustainable, and environment-friendly mobility in these spaces. According to the attached regulations, the following key aspects are established (art. 25 of the LMS):

Identification of large centers of activity: The Ministries of Transport and Sustainable Mobility and of Labor and Social Economy, following a report from the Territorial Forum for Sustainable Mobility, will determine the criteria to identify large centers of activity that must have these plans. The criteria considered include the area of the center, the number of companies and workers, the influx of visitors and users, and mobility on peak days and times.

Coordination with other planning instruments: These plans must be aligned with other concurrent mobility planning instruments, such as sustainable workplace mobility plans, and with the sustainable mobility plan of the local entity in whose territorial scope the center is located.

Obligations of large centers of activity: Centers identified as large generators of mobility must approve their corresponding sustainable mobility plan within eighteen months from the publication of the criteria by the Ministry of Transport and Sustainable Mobility. These plans must be reviewed at least every five years and a mobility manager must be designated for the center.

Registry and monitoring: The Mobility Impact Diagnosis Study (EDIM) will include a registry of sustainable mobility plans for large centers of activity, as well as their most relevant parameters and indicators, as agreed upon in the Territorial Forum for Sustainable Mobility.

3. Sustainable workplace mobility plans (PMST)

This is a set of measures promoted by the management of the workplace and prepared within the framework of collective bargaining, the purpose of which is to rationalize the commutes to the place where the activity of employees, clients, suppliers, and visitors takes place [art. 2.s) of the LMS].

The scope and content of a sustainable workplace mobility plan, according to Article 26 of the LMS, is defined as follows:

Compulsory nature: Companies and public sector entities with workplaces that have more than 200 workers or 100 per shift must have a sustainable workplace mobility plan within 24 months from the entry into force of the law. This obligation also applies to state public sector entities and may be extended to other public entities as determined by the administration with competence in transport and mobility.

Monitoring and evaluation: The plans must be monitored to evaluate the level of implementation of the measures. Companies and public entities must prepare a monitoring report every two years from the approval of the plan.

Negotiation: The plans must be negotiated with the legal representation of the workers. If there is no representation, a negotiating committee will be set up with the participation of representative trade unions in the sector.

Content: The plans must include sustainable mobility solutions, such as collective transport, active mobility, low emissions, teleworking, recharging zero-emission vehicles, and road safety measures. In addition, they must consider workers, visitors, suppliers, and other persons accessing the workplace, taking into account local sustainable mobility plans and mobility regulations.

High-occupancy centers: In centers with more than 1,000 workers located in metropolitan areas with more than 500,000 inhabitants, measures must be included to reduce mobility at peak times, promote low-emission transport, and facilitate vehicle recharging.

Coordination: In places where several workplaces coincide, coordination mechanisms must be promoted to exchange information and implement joint sustainable mobility solutions.

Carbon footprint offsetting: The plans may include measures to offset the carbon footprint generated by mobility emitting greenhouse gases.

Mobility manager: The figure of mobility manager may be established by regulation for the aforementioned workplaces.

THE EDIM WILL INCLUDE A REGISTRY OF SUSTAINABLE WORKPLACE MOBILITY PLANS AND THEIR MOST RELEVANT INDICATORS

Supplementary application: The provisions of this article will apply supplementarily with respect to what is established by the administration with competence in transport and mobility or the urban planning of each municipality.

The regime established by Law 9/2025 for Sustainable Workplace Mobility Plans acts as a supplementary or complementary rule; that is, it enters into force only when there is no specific regulation already established by the competent regional or municipal authorities according to the legislation of each autonomous community (art. 26.9).

The obligation to negotiate the PMST will apply to the negotiation of collective bargaining agreements whose negotiating committee is set up as of the date of entry into force of the new law (1st Transitional Provision), i.e., December 5, 2025. However, for sustainable workplace mobility plans, the rule indicates that within twenty-four months from the entry into force of the LMS, companies and public sector entities must have a PMST for those workplaces with more than 200 workers (or 100 per shift whose usual workplace is said center of activity) by December 5, 2027.

Failure to comply with the obligation to implement sustainable workplace mobility plans and their proper monitoring is sanctioned as a minor infraction, with fines ranging from 101 to 2,000 euros and a statute of limitations of six months for both the infraction and the sanction (arts. 107, 108, and 109).

The LMS also foresees the possibility of establishing public funding lines to promote the preparation and implementation of sustainable workplace mobility plans in large business centers, within the legally foreseen framework and under the principles of concurrence, objectivity, and compliance with subsidy legislation (27th Additional Provision).

Source: Iberley