Under the new Law 9/2025 of December 3 on Sustainable Mobility, affected companies have until December 5, 2026, to have their mobility plan drafted and approved.
Under the new Law 9/2025 of December 3 on Sustainable Mobility, affected companies have until December 5, 2026, to have their mobility plan drafted and approved.
Which companies are required to comply?
The regulations do not affect all companies equally; rather, they focus on those workplaces that, due to their number of employees, have a greater
impact on urban mobility. According to Article 26.1 of Law 9/2025, the obligation to have a Sustainable Commuting Plan applies to:
- Workplaces with more than 200 employees.
- Workplaces with more than 100 employees per shift.
It is important to note that the count is based on the usual workplace, as defined by the Workers’ Statute. Furthermore, this requirement applies to
both private companies and public-sector entities.
Deadline for implementation:
Companies subject to this requirement have until December 5, 2026, to have
their plan drafted and approved.
Failure to meet this deadline may result in administrative penalties, as well as the inability to access certain public subsidies intended to promote mobility.
Mandatory content of the Plan
The Mobility Plan is not merely a formal document; it must contain real, measurable solutions. In accordance with Article 26.3 of Law 9/2025, the
minimum elements it must include are:
1. Promotion of active mobility: Encouraging travel on foot or by bicycle.
2. Public transportation: Measures to encourage the use of public transit or company shuttles.
3. Low-emission and shared mobility: Carpooling or collaborative mobility
solutions.
4. Charging infrastructure: Facilitating the use of zero-emission vehicles through charging stations at the workplace.
5. Telework: Implementing telework whenever the nature of the work allows it to reduce unnecessary travel.
6. Road Safety: Measures to prevent accidents during commutes (commuting to and from work and while on business trips) and specific training for staff.
7. Consideration of Third Parties: The plan must consider not only
employees, but also suppliers and visitors.
The Negotiation Process: Mandatory Nature and Procedures
The development of the plan cannot be a unilateral decision by company management. Article 26.2 of Law 9/2025 establishes a strict procedure:
- With Legal Representation of Workers (RLT): The plan must be
negotiated directly with the works council or employee representatives. - Without Legal Representation: A negotiating committee must be formed, comprising the company and the most representative unions in the sector.
- The 10-Day Rule: If the unions are summoned and do not respond within 10 days, the committee shall be considered validly constituted by the organizations that did respond.
Monitoring and Registration
Once the plan is approved, the company’s work is not over:
- Monitoring Report: A report on the level of implementation of the measures must be prepared every two years (Article 26.2).
- Public Registry: Plans must be submitted to the competent authority of the Autonomous Community for inclusion in the Integrated Mobility Data Space (EDIM) within three months of their adoption (Article 27 of Law 9/2025).
For more information, please consult our Legal Advisory Service.
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