In addition to the measures intended for the success of the ecological transition and the financing of investments in transport infrastructure, the LOM brings new developments in the relationship between employers and employees.
Among other measures, the LOM establishes an obligation to negotiate a collective agreement for companies with more than 50 employees on the same site on the subject of mobility between the employee's usual residence and the workplace.
In addition, the LOM establishes an obligation for the employer to cover individual transport costs and creates a "sustainable mobility package". »
Mobility negotiation for companies
Collective agreement – The subject of home-work journeys becomes a new subject of compulsory negotiation for companies where at least 50 employees are employed on the same site.
This subject must be addressed in the context of negotiations on professional equality between women and men and the quality of life at work.
The employer will have to negotiate on measures aimed at improving the mobility of employees between their usual place of residence and their place of work, in particular by reducing the cost of employee mobility (for example, through the use of telework), by encouraging virtuous modes of transport and by paying personal transport costs by the employer.
Mobility plan – In the absence of an agreement within the framework of the mandatory negotiation, the employer must set up a mobility plan with the same purpose.
The employer's contribution to personal transport costs
The LOM establishes a general obligation to cover the costs of personal transport of employees, which is borne by the employer.
“clean” modes of transport »
This obligation applies to any company, it being specified that the legislator has not provided for any staffing requirements:
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 branch agreement, the conditions, methods and criteria of said coverage;
- 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 consulting the social and economic committee if there is one.
Among the measures that can be negotiated or taken by the employer in this respect, the following can in particular be provided for:
- Coverage of costs relating to the supply of electric, rechargeable hybrid or hydrogen vehicles for employees who do not benefit from a regular service by public or private collective transport set up by the employer or in an area not covered by an employer mobility plan.
Coverage of costs 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 has merged the bicycle mileage allowance and the flat-rate carpooling allowance.
This package covers all or part of:
- travel expenses by bicycle and personal pedal-assist bicycle;
- expenses incurred as a driver or passenger of carpooling or public passenger transport.
The costs borne 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 ( including a maximum of 200 euros for fuel costs).
Subscription costs for public transport (for example, Pass Navigo) are not covered by the sustainable mobility package, so that they are added to it, within the limit of the highest amount between 400 euros and the public transport cost.
If necessary, the payment by the employer can take the form of a specific payment solution, dematerialized and prepaid, called " mobility title ", issued by a specialized company.
The methods of application of the sustainable mobility package and of the mobility permit nevertheless remain to be specified by decree.
