SOCIAL CLAUSE PLATFORM

The Social Clause Platform (Plateforme Clause Sociale) offers assistance to all contracting parties in the metropolitan area. Its role is to provide support for all contracting parties carrying out socially responsible purchasing in the Montpellier Méditerranée Métropole area. 

After a call for tender is drafted:

• Raising awareness among decision-makers and procurement managers
• Identification of contracts that can include social clauses
• Providing advice concerning procedural options
• Drafting the social clause section in the call for tender 
• Assessment by technical teams to analyze bid compliance in terms of integration and other aspects

The Social Clause Platform is your facilitator all the way to the end of your project. It is your guarantee that the social indicators in your contracts are being implemented correctly, while providing you with qualitative assessments.

Legal tools: New public procurement code:

• L2112-2: The social clause is a condition of contract performance, including integration hours, training hours, improvement of working conditions, progress plan, etc.
• L2152-7: The social element is a rating factor among the criteria for awarding a contract.
• L2113-12 Contracts reserved for the disability sector
• L2113-13: Contracts reserved for structures involved with social integration through economic activity (SIAE). 
• L2113-13-1: Contracts reserved for the penitentiary sector 
• R2123-7: Social integration and professional qualification contracts

Is a public contract requiring you to invest in social inclusion?

While it is certainly an obligation, this social commitment also gives you an opportunity to demonstrate your contribution to Corporate Social Responsibility (CSR).

The Social Clause Platform is a privileged resource at your disposal. It provides you with information right from the initial consultation stage, in case you have any questions about these clauses, and then tracks and assists all companies throughout the process of achieving the objectives of each contract. 

As a reminder, companies can choose from the following options when calculating the number of integration hours required:

• Option 1: subcontracting or co-contracting with an integration company;
• Option 2: providing employees (the company is in contact with an external organization that provides it with employees on social integration programs for the duration of the contract. This can be a temporary work integration agency (entreprise de travail temporaire d'insertion), an employer group for integration and qualification, or an intermediary association);
• Option 3: direct recruitment by the company that is awarded the contract.

Please contact the Social Clause Platform to join the group of partners already operating in the region. 

A standard agreement allows you to join the program and access all the information you may need on the subject.

Since October 2021, French legislation has defined the concerned public in General Administrative Clauses (Cahiers des Clauses Administratives Générales, CCAG):

The program’s goal is to promote access to employment, or a return to employment, for people who are outside the job market and experiencing particular social or professional difficulties.

The people targeted by professional integration actions fall into one of the following categories:

People recruited and accompanied in a structure recognized by the French government:

a) People employed in the adapted or protected sector: employees of adapted companies, adapted temporary work companies or ESAT (vocational assistance establishments or services ) beneficiaries;
b) people covered by the economic integration structures (IAE) mentioned in article:L. 5132-4 of the French Labor Code, namely:
- Provided by an intermediary association or temporary work integration company (ETTI);
- Employees of a social integration company (Entreprise d'Insertion, EI) or social integration workshop (Atelier Chantier d'Insertion, ACI);
c) People employed by an accredited local or regional employment agency;
d) People in special programs, in particular Public Establishments for Integration in Defense (Établissements Publics d’Insertion de la Défense - EPIDE), and Second Chance Schools (Écoles de la Deuxième Chance - E2C);
e) People involved in integration programs within employer groups for integration and qualification (GEIQ);
f) People under house arrest employed on a contract basis, as part of the prison employment service run by the Agency for General Interest Work and Professional Integration (Agence du Travail d’Intérêt Général et de l’Insertion Professionnelle, ATIGIP), or assigned to a job with a prison administration contractor.

People who meet certain criteria in terms of their exclusion from the job market:

a) Long-term job seekers (more than 12 months registered as unemployed) not currently employed or working part-time (less than 6 months over the last 12 months); 
b) Minimum social revenue (RSA) beneficiaries looking for work; 
c) People recognized as handicapped workers as defined in article L. 5212-13 of the French Labor Code, who are moving towards an ordinary employment environment, and job seekers eligible under the French mandatory employment program; 
d) Recipients of the Specific Solidarity Allowance (ASS), Disabled Adult Allowance (AAH), Integration Allowance (AI), Widow's Allowance, or Disability Allowance;  
e) People under 26 looking for work: 
- With no qualifications – below Level 3, i.e. less than a Certificate of Professional Aptitude (CAP) or Occupational Studies Degree (BEP), and who have been out of the school system for at least 6 months; 
- Graduates, with proof of a 6-month period of inactivity since leaving the school system or higher education;
f) Senior job seekers (over the age of 50);
g) Young people benefiting from reinforced follow-up programs such as PACEA, SMA, SMV, or leaving the Garantie Jeunes program;
h) Residents from priority urban neighborhoods who are outside the job market; 
i) People with refugee or other protection status;
j) People facing particular difficulties, following a justified proposal from the Pôle Emploi employment agency, local employment agencies, local integration and employment plans (PLIE), local missions, Cap Emploi, or Departmental Disability Agencies (MDPH).