Law 9/2025 of 3 December on Sustainable Mobility (Ley 9/2025 de Movilidad Sostenible), published in the BOE (Boletín Oficial del Estado, the official state gazette) on 4 December 2025 and in force since the following day, brings an obligation with a date attached for many industrial companies, hospitals, logistics centres and public authorities in Spain: to have a sustainable commuting plan (plan de movilidad sostenible al trabajo) for every workplace with more than 200 workers, or more than 100 per shift, negotiated with the workers’ legal representatives. The law allowed twenty-four months; Royal Decree-Law 7/2026 of 20 March (Real Decreto-ley 7/2026) cut that to twelve, so the deadline is 5 December 2026. This article explains, as at 16 September 2026, who it binds, what the plan must contain, what the penalty is for not having one and, above all, what data the assessment needs, because most of it is already in the company’s shift, time tracking and fleet software.
Who it binds
Article 26 of Law 9/2025 places the obligation on companies and public entities in respect of the workplaces at which:
- more than 200 people work, or
- more than 100 people per shift work,
provided that the workplace is their usual place of work. The count is per workplace, not per company: a company with 600 workers spread across four sites of 150 is not bound; a factory with 220 on a single site is; a plant with 90 per shift and three shifts is not; with 110 per shift, it is. Public authorities and their bodies are included, and the law also provides for the plans to be coordinated with municipal or regional mobility plans where these exist.
What the plan must contain
The law sets the objective – to reduce the environmental impact of journeys to the workplace and make them safer – and lists minimum content that the implementing regulation will spell out. On the basis of the text of the law, a plan must include at least:
- An assessment of journeys: where the workforce lives, how it gets to work, at what times, on which shifts, how many vehicles park on site and what company fleet operates from the workplace.
- Measures to promote active mobility (walking, cycling), collective mobility (public transport, shuttle buses), low-emission mobility (electric vehicles, charging points) and shared mobility (car sharing).
- Road safety measures and the prevention of accidents on the commute (in itinere) and on work-related journeys (en misión), coordinated with occupational health and safety.
- Remote working and flexible hours where they are feasible, as a way of reducing journeys.
- Targets and indicators to measure the effect of the measures, and periodic review.
- Negotiation with the workers’ legal representatives, which the law expressly requires.
- Coordination with the mobility plans of the competent regional or local authority.
The law also provides for the plans to be submitted to the public authorities in a standardised format and fed into the mobility information system that the law itself creates, so it makes sense to document the plan with data and not with intentions.
Deadline and penalty
- Deadline: twelve months from the law’s entry into force, following the amendment made by Royal Decree-Law 7/2026 with effect from 22 March 2026; that is, until 5 December 2026.
- Penalty: not having the plan in place on time is a minor infringement under the law’s penalty regime, with a fine of €101 to €2,000. In addition, companies that have received public aid linked to Royal Decree-Law 7/2026 must repay it if they fail to meet the obligation.
The fine is low; the real cost lies in coming late to the negotiation with the workers’ legal representatives and in having to improvise an assessment without data.
The data for the assessment is in your software
A commuting plan does not stand up without figures, and the figures come from three systems that large companies already have:
| Data the plan needs | Where it comes from |
|---|---|
| People per workplace and per shift, to know whether you are bound and to size the measures | Shift planning and time tracking |
| Actual start and finish times, arrival peaks and overlaps between shifts | Working time record |
| Distribution of the workforce by municipality or postcode, to estimate distances and modes of travel | HR data, processed in aggregate form and in line with the GDPR |
| Existing remote working and flexibility, and their effect on journeys | Time tracking and remote working agreements |
| Work-related journeys: kilometres, routes, vehicles, times | Fleet management and tachographs |
| Company vehicles, fuel consumption and emissions per vehicle | Fleet management |
| Accidents on the commute and on work-related journeys | Occupational health and safety |
| Parking spaces and charging points in use | Access control and facilities |
If these systems are integrated, the assessment is a report. If they sit in separate spreadsheets, it is a two-month project. The working time record and the rosters, which are already mandatory under other rules, give you half the assessment at no extra cost: how many people arrive at what time at each workplace and on each shift.
How to organise the work between now and December
- Confirm the obligation workplace by workplace: the usual workforce and the people per shift on the reference date, with the criterion documented.
- Set up the working group with HR, health and safety, facilities, fleet and the workers’ legal representatives, and fix a schedule of meetings: negotiation is mandatory and takes time.
- Draw the assessment from the systems in the table above, using aggregate data; if the integration is missing, sorting it out now serves both the plan and the indicators that follow.
- Run a short staff survey on how people travel to work, with GDPR information and aggregate results, to fill in what the system does not know.
- Design realistic measures for each block: active, collective, low-emission and shared mobility, road safety, remote working and flexibility, each with an owner, a cost, a deadline and an indicator.
- Negotiate and sign the plan with the workers’ legal representatives, and minute it.
- Communicate it to the workforce and to the public authorities in whatever format is laid down, and schedule the review.
- Measure every quarter with the same systems that produced the assessment: the plan is worth what its indicators are worth.
How it relates to other obligations covering the same workforce
Workplaces bound because of their size are also bound by other rules that share the same data: the working time record under Article 34.9 of the Workers’ Statute (Estatuto de los Trabajadores), shift rosters, the equality plan required from 50 workers and, in transport, the driving and rest times recorded by the tachograph. We explain how time tracking is digitalised in a large organisation in how to digitalise time tracking in public administration, and how to bring fleet and working time together in fleet management and time tracking for transport companies. A single data system feeds all three obligations.
How CEDESA does it
CEDESA develops time tracking and shift planning systems for companies and public authorities, and fleet management and mobility solutions with real-time positioning, such as the passenger information system for Metro Bilbao that we describe in the Metro Bilbao case. For the commuting plan, what we bring is integration: people per shift, actual start and finish times, work-related journeys and fleet data all coming from one place, aggregated and traceable, both for the 2026 assessment and for the indicators in the years that follow. We work under certification to Spain’s National Security Framework (Esquema Nacional de Seguridad, ENS), ISO 27001 and ISO 9001, which matters when the source data is the workforce’s personal data.
Frequently asked questions about the sustainable commuting plan
Which companies are required to have a sustainable commuting plan?
Companies and public entities, in respect of each workplace with more than 200 workers or with more than 100 per shift, where that workplace is their usual place of work, under Article 26 of Law 9/2025. The count is per workplace, not for the company as a whole.
What is the deadline for having the commuting plan in place?
5 December 2026. Law 9/2025 came into force on 5 December 2025 with a period of twenty-four months, and Royal Decree-Law 7/2026 of 20 March cut it to twelve.
What happens if I do not have the commuting plan in place on time?
It is a minor infringement under the penalty regime of Law 9/2025, with a fine of €101 to €2,000. Companies that have received public aid linked to Royal Decree-Law 7/2026 must also repay it if they fail to comply.
Does the plan have to be negotiated with the workers’ representatives?
Yes. Law 9/2025 lays down that sustainable commuting plans are to be negotiated with the workers’ legal representatives, so it is advisable to open negotiations in good time before the deadline.
What data do I need for the plan’s assessment?
People per workplace and per shift, actual start and finish times, the aggregate geographical distribution of the workforce, existing remote working and flexibility, work-related journeys and company fleet data, accidents on the commute and on work-related journeys, and the occupancy of parking spaces and charging points. Most of it comes from time tracking, shift rosters and fleet management.
Conclusion
The sustainable commuting plan is mandatory before 5 December 2026 for every workplace with more than 200 people or more than 100 per shift; it must be negotiated with the workers’ legal representatives and include an assessment, measures for each block, indicators and a review. The fine is small; the work is not, unless the shift, working time and fleet data already comes out of a single system, integrated. If you want the assessment to be a report and not a project, tell us how you hold that data today.