1. Scope of application
State regulations establish the obligation to draw up Sustainable Mobility Plans for work for those workplaces that have more than 200 workers or more than 100 people per work shift, unless the current regional regulations establish a different threshold. It is important to note that smaller companies will be able to access specific subsidies for the preparation of these plans.
Decree 132/2024, of 30 July, approving the 2027 Horizon Air Quality Plan, establishes the criteria applicable in Catalonia. Specifically, companies with more than 500 workers, own or external, or more than 250 people per shift, as well as workplaces with more than 200 workers, own or external, are obliged to draw up these plans.
The regional and municipal regulations have a preferential character with respect to the state law, which operates on a supplementary basis. Therefore, companies must give priority to the regulations of the autonomous community in which their workplaces are located.
2. Implementation timelines
State regulations establish a period of twenty-four months from the entry into force of the law for the preparation and implementation of Sustainable Mobility Plans to work.
However, in the case of Catalonia, Decree 132/2024 establishes a significantly shorter period, setting a maximum of twelve months for the adoption of these plans from their approval. Given that the Decree was approved in July 2024, the Catalan companies affected must have their plans implemented by July 2025, which requires immediate and priority action.
3. Mandatory Plan Content
The Sustainable Mobility Plans for work must include specific measures ordered in accordance with a hierarchy criterion established by regulations. Firstly, they must include measures to promote active mobility and, secondly, the promotion of collective transport will be prioritised.
Subsequently, the plan must address low-emission mobility, as well as high-occupancy mobility schemes. Likewise, shared and collaborative mobility solutions will be contemplated, with companies being able to hire specialized platforms in this field, followed by measures related to the use of private vehicles with less polluting technologies.
The plan must also include solutions to facilitate the use and recharging of zero-emission vehicles, including the installation of the necessary infrastructure in the workplace. Teleworking will be promoted to the extent possible according to the nature of the business activity, and measures relating to training in mobility, road safety and accident prevention when travelling to the workplace will be included.
Finally, where appropriate, carbon footprint compensation measures will be considered. The regulations expressly provide for the possibility of implementing transport cards processed through transport voucher issuing companies.
It is important to note that the subjective scope of application of the plan is not limited to the workers of the centre, but extends to visitors, suppliers and any other person who requires access to the workplace, which considerably expands the scope of the measures to be implemented.
4. Gender perspective and equality requirements
The regulations establish the recommendation to include the gender perspective and equal treatment and non-discrimination in the analysis of mobility, in the design of the measures contemplated in the plan and in the monitoring indicators that are established. The competent Administration will prepare methodological recommendations and good practice guides to facilitate the integration of this perspective.
For the transport and logistics sector, the regulations contemplate the promotion of the adoption of measures that help promote a change in business culture to favor a more balanced participation of men and women in the transport sector. These include the introduction of specific obligations on equality, the promotion of knowledge on inclusion and universal accessibility, the implementation of training courses on equality in management teams, gender audits and work-life balance and co-responsibility policies.
5. Procedure and negotiation
The Sustainable Mobility to Work Plans must be the subject of negotiation with the Legal Representation of the Workers of the affected workplace. In the event that there is no legal representation constituted, it will be necessary to make an appeal to the most representative unions in the sector.
The regulations contemplate the possibility of designating the figure of the mobility manager within the organisation, whose functions and requirements will be subject to subsequent regulatory development. This figure will be responsible for the coordination, implementation and monitoring of the mobility plan.
6. Registration and Publicity
Once the Sustainable Mobility to Work Plan has been drawn up, companies must proceed to register it in the specific public register that will be set up for this purpose. Likewise, both the plan and the biannual monitoring reports must be communicated to the competent authority of the corresponding autonomous community within a maximum period of three months from their adoption.
In the specific case of Catalonia, the plans must be submitted to the prior report of the corresponding territorial mobility authority before their final implementation. It is particularly relevant to note that both the plans and the monitoring reports will be public, being accessible for consultation.
7. Specific obligations for high-occupancy centres
Workplaces with more than 1,000 workers and located in areas with more than 500,000 inhabitants are subject to specific additional obligations. These centres, which include facilities such as large hospitals or large business complexes, must implement measures specifically aimed at reducing the mobility of workers at peak times or during working hours.
They must also promote the use of low- or zero-emission means of transport and collaborative mobility services as a priority. They must also promote active mobility through the implementation of tools and infrastructures that facilitate both public and private charging of this type of means of transport.
8. Sanctioning regime
Failure to comply with the obligation to have the Sustainable Mobility Plan at Work or failure to submit monitoring reports within the established deadlines constitutes a minor infraction. The penalties provided for this type of infraction range from 101 to 2,000 euros.
9. Coordination with other planning instruments
The Sustainable Mobility to Work Plans must be drawn up taking into account and coordinating with the sustainable mobility plan of the local entity in whose territorial area the workplace is located, as well as with the mobility regulation instruments approved by the competent administration. Such coordination is essential to ensure the coherence and effectiveness of the measures adopted within the broader framework of public policies on sustainable mobility.
Conclusion
The new legislation on sustainable mobility represents a substantial change in the management of corporate mobility, introducing planning, negotiation, registration and monitoring obligations that require proactive action by the companies affected. Compliance with the established deadlines, particularly in the case of Catalonia, requires immediate and coordinated action that allows not only to avoid the planned sanctions, but also to take advantage of the opportunities offered by an efficient and sustainable management of mobility.
The anticipation in the implementation of these measures will be decisive to guarantee both regulatory compliance and the optimization of business resources and the improvement of worker satisfaction.
