Are you wondering how to comply with the requirement to have a Sustainable Mobility Plan for Work (PMST) by December 5, 2026? Contact Fernanda Vargas via WhatsApp or book an appointment to get expert legal advice.

What is the Sustainable Mobility Plan for Work (PMST) and why is it emerging now?

The Sustainable Mobility Plan for Work (PMST) is a strategic tool designed to promote cleaner and more efficient transportation options for the daily commute. With the aim of reducing emissions and the heavy reliance on private vehicles, the plan encompasses measures from encouraging active mobility (such as walking and cycling) to facilitating teleworking and enhancing road safety. In the context where over 53% of the Spanish population commutes by car, the need for a comprehensive workplace mobility policy has never been more urgent.

The Key Change: Real Decreto-ley 7/2026 Advances the Deadline to December 2026

The recent approval of Real Decreto-ley 7/2026 has brought significant changes by advancing the compliance deadline from December 5, 2027, to December 5, 2026. As part of the Comprehensive Response Plan to the Middle East Crisis, the timeframe to implement the PMST has been reduced from 24 to 12 months. Furthermore, companies benefiting from public financial aid under this decree must reimburse the funds if they fail to comply, adding a critical financial incentive to meet the new deadline.

Which Companies and Administrations are Obligated: The Threshold of 200 Employees or 100 per Shift

The regulation requires companies and public administrations whose workplaces exceed 200 employees, or more than 100 employees per shift, to comply with the PMST obligation. It is important to note that this threshold is applied on a per-workplace basis—not company-wide. This means that a large company might be exempt if its employees are distributed across smaller centers, while a medium-sized enterprise with one large center will be subject to the regulation.

How the Threshold is Counted: The Workplace Definition (Article 1.5 of the Workers’ Statute)

The definition of a workplace as set out in Article 1.5 of the Workers’ Statute is critical in determining whether the threshold is met. Each location must be assessed on its own, meaning that a company with several smaller sites might avoid the mandate, whereas a single large site will not. This legal nuance is pivotal when planning the PMST, as it affects how obligations are distributed across an organization.

Minimum Content of the Plan: From Active Mobility to Teleworking and Road Safety

The PMST must encompass a range of measures including the promotion of active modes of transport such as walking and cycling, the use of public transport, initiatives for low-emission and zero-emission mobility, as well as shared and collaborative transport arrangements. The plan should also include provisions for teleworking where feasible, road safety measures, and actions to compensate for unavoidable emissions. These requirements are designed to improve not only employee welfare but also the urban environment as a whole.

Who Should Negotiate the Plan: Employee Representatives and the Negotiating Committee

The negotiation process for the PMST involves the legal representatives of the workforce. In cases where such representation does not exist, a negotiating committee composed of union representatives proportional to their influence in the respective sector is established. This ensures that the interests and needs of employees are well-represented and that the plan reflects a balanced approach between the company’s operational requirements and the wellbeing of its staff.

The PMST in Collective Bargaining: Reform of Article 85.1 of the Workers’ Statute

Reforms introduced by Law 9/2025 have embedded the PMST into the framework of collective bargaining, specifically through amendments to Article 85.1 of the Workers’ Statute. This inclusion ensures that the measures for sustainable mobility are negotiated as part of collective agreements, giving employees a concrete platform to influence decisions about work schedules, shift patterns, and transportation benefits.

Monitoring and Control: The Two-Year Follow-Up Report and Periodic Reviews

After the implementation of the PMST, companies are required to present a follow-up report within two years and then continue with biennial reviews. This monitoring process is intended to measure the plan’s effectiveness, allowing adjustments as needed to respond to real-world challenges. Failure to submit these reports on time is considered an additional non-compliance issue, further complicating the regulatory landscape.

Consequences of Non-Compliance: Fines, Sanctions, and Reimbursement of Public Funds

Not adhering to the PMST requirements carries both legal and economic repercussions. Non-compliance is classified as a minor infraction, subject to fines ranging from 101 to 2,000 euros, with a short six-month prescription period for both the infraction and the sanction. Additionally, companies that have received public aid under Real Decreto-ley 7/2026 will be required to return those funds, thereby increasing the stakes of failing to meet the mandated obligations.

Real Impact on Employees and Foreign Workers

The PMST has a direct effect on employees’ daily lives, influencing work schedules, shift compatibility with public transport, and opportunities for teleworking. This is particularly valuable in industries with a high proportion of foreign workers, such as logistics, manufacturing, hospitality, cleaning, and agriculture, where access to private vehicles may be limited. By addressing these issues, the plan serves not only as a compliance tool but also as a vehicle for promoting social inclusion and job security.

Practical Timeline: What to Do Before December 5, 2026

To ensure that the PMST is implemented effectively, companies are advised to follow a clear timeline. Key steps include:

• Conduct an initial assessment of the current mobility practices at each workplace.
• Form a negotiating committee involving employee representatives or union members.
• Develop the PMST to cover the mandatory areas, including active mobility, public transport, teleworking options, and road safety measures.
• Plan for the monitoring process by scheduling a two-year follow-up report and subsequent biennial reviews.
• Be aware of the financial implications and reputational risks in case of non-compliance, especially if public funds are involved.

Frequently Asked Questions and Common Mistakes

Some of the most commonly asked questions include:

• Who determines the threshold? The threshold is calculated based on the definition of a workplace as established in Article 1.5 of the Workers’ Statute.
• What happens if the follow-up report is not submitted? Failure to submit the report on time is considered an additional breach, potentially resulting in further sanctions.
• How is the plan negotiated? The negotiation process is conducted with the legal representatives of the employees, or through a negotiating committee if no formal representation exists.
• What does reimbursement of public aid entail? Companies that fail to meet the PMST requirements must reimburse any financial aid received under Real Decreto-ley 7/2026.

Common errors include underestimating the time required to develop a compliant plan and the lack of coordination between different work centers. It is crucial to secure expert legal advice to navigate these challenges effectively.

The implementation of the PMST is not just a legal requirement—it is an opportunity to create a healthier, more efficient working environment by integrating sustainable mobility solutions across the board.

If you need further information or tailored advice, do not hesitate to contact Fernanda Vargas through WhatsApp or book an appointment.