Sustainable mobility plans in collective agreements
As of 5 December 2025, in accordance with the entry into force of Law 9/2025 on Sustainable Mobility, Article 85.1 of the Workers' Statute is amended to establish mandatory negotiation of measures to promote the development of sustainable mobility plans for work. The new wording adds a paragraph that originally stated the need to negotiate gender equality and disaster protocols, and now incorporates sustainable mobility as an essential content of the agreements. Specifically, it states: "...there will be a duty to negotiate measures to promote the development of sustainable mobility plans for work with the scope and content provided for in Law 9/2025 on Sustainable Mobility, aimed at seeking mobility solutions that include the promotion of public transport, low-emission mobility, active mobility and shared or collaborative mobility, in order to achieve the objectives of air quality and emissions reduction, as well as to avoid congestion and prevent accidents on journeys to work".
With this amendment, mobility becomes a structural matter of social dialogue, comparable to working time, rest periods or professional classification. The obligation will apply to collective agreements whose negotiating committees are set up after this date, so that ongoing agreements are not affected.
This change is complemented by Law 9/2025, which requires public sector companies and entities with workplaces with more than 200 employees (or 100 per shift) to draw up and implement sustainable mobility plans within 24 months, i.e. by 5 December 2027. These plans must be negotiated with the legal representation of workers and include elements such as incentives for collective transport, active mobility, low emission systems, zero emission vehicle charging, teleworking, road safety measures, regular biannual monitoring, administrative registration in EDIM and possible public support.
This new framework makes sustainable mobility not only an environmental requirement, but also a priority area for collective bargaining and a reinforced business obligation, with both structural consequences in the organisation of work and preventive and environmental consequences, which can lead to non-implementation in infringements and penalties of up to 2,000 euros.
Article written by ECIJA Madrid Labour Law Department.