In addition to measures aimed at ensuring the success of the ecological transition and financing investments in transport infrastructure, the LOM brings new elements to employer-employee relations.
Among other measures, the LOM establishes an obligation for companies with more than 50 employees on the same site to negotiate a collective agreement on the subject of mobility between the employee's usual residence and place of work.
Furthermore, the LOM establishes an obligation for employers to cover individual transport costs and creates a "sustainable mobility allowance."
Negotiations regarding mobility for businesses
Collective agreement – The topic of home-to-work journeys becomes a new subject of mandatory negotiation for companies where at least 50 employees are employed on the same site.
This topic must be addressed within the framework of negotiations on professional equality between women and men and quality of working life.
The employer will have to negotiate on measures to improve employee mobility between their usual place of residence and their place of work, in particular by reducing the cost of employee mobility (for example, by using teleworking), by encouraging the use of so-called " virtuous " modes of transport and by the employer covering personal transport costs.
Mobility plan – In the absence of an agreement within the framework of the mandatory negotiation, the employer must implement a mobility plan with the same objective.
Employer contribution to personal transportation costs
The LOM establishes a general obligation for the employer to cover the personal transport costs of employees.
"clean" modes of transport
This obligation applies to all companies, it being specified that the legislator has not provided for any minimum number of employees:
For companies subject to the obligation to negotiate on the subject of mobility, they must determine by company or inter-company agreement, or failing that by industry agreement, the conditions, procedures and criteria for said support;
- For companies that fail to reach a collective agreement and for companies not subject to the obligation to negotiate, the employer must proceed by unilateral decision, after consultation with the social and economic committee if one exists.
Among the measures that can be negotiated or taken by the employer in this regard, the following may be included:
- Coverage of costs related to the fueling of electric, plug-in hybrid or hydrogen vehicles for employees not benefiting from regular public or private transport services provided by the employer or in an area not covered by an employer mobility plan.
Reimbursement of expenses resulting from the use of a personal vehicle, excluding carpooling, is only possible for employees whose working conditions make such use essential.
The sustainable mobility package – With the creation of the sustainable mobility package, the LOM merged the bicycle mileage allowance and the flat-rate carpooling allowance.
This package covers, in whole or in part:
- travel expenses by bicycle and personal pedal-assisted bicycle;
- expenses incurred as a driver or passenger in a carpool or on public passenger transport.
The costs covered by the employer under the sustainable mobility package benefit from an exemption from social security contributions, CSG / CRDS and income tax for employees, up to a limit of 400 euros per year (of which a maximum of 200 euros is for fuel costs).
Public transport subscription fees (e.g., Navigo Pass) are not included in the sustainable mobility package, so they are added to it, up to the higher of 400 euros and the amount of public transport coverage.
Where appropriate, the employer's support may take the form of a specific, dematerialized and prepaid payment solution, called a " mobility voucher ", issued by a specialized company.
The terms and conditions for implementing the sustainable mobility package and the mobility voucher still need to be specified by decree.
