Ethics is our core value: acting correctly and in good faith, being coherent in in what you think, say and do and favoring common good over personal interests; these attitudes translate into good results that, in turn, contributed to the sustainability of our Company and the society. In this regard, we have implemented tools to promote it, assess its fulfillment and take pertinent actions in case of non compliance therewith.
BUSINESS ETHICS SYSTEM
PREVENTIVE ELEMENTS OR GUIDELINES
DETECTIVE OR PARTICIPATION ELEMENTS
CORRECTIVE OR IMPROVEMENT ELEMENTS
LINE OF ACTION
The structure of our Business Ethics System has a preventive, detective and corrective approach, framed by continuous improvement and permanent promotion and dissemination.
This model is represented by the combination of a compass guiding Ethical business conduct and a sextant to show the importance from our in-house ethics and transparency practices to external, collective action scenarios with our stakeholders, where we build and consolidate together the drivers that regulate and govern our relationships, allowing us to mutually share best practices.
It involves guidelines observed inside our Company, pursuant to the goal of preserving ethics, safeguarding transparency and fighting corruption, all of which evidence the Organization’s focus and leadership.
In our Management Model, ethics is considered a fundamental element thereof, as well as of performance of our duties, which is reflected on:
Our way of conceiving the Company: companies have the ethical mandate of achieving good results in terms of well-being for stakeholders and society.
Our philosophy: we promote transparency in our management and build relations based on trust.
Values: ethics represents the fundamental value: doing things right and in good faith, being consistent between what is thought, said and done, and prioritizing the common good over individual interests, thus contributing to the sustainability of the company and the environment in which it operates.
Corporate fundamentals: by generating intelligent energy we contribute to the prosperity of society. To achieve this, we employ behaviors, knowledge and technologies that promote climate change mitigation, the company's competitiveness, sustainable human development and the creation of shared value with stakeholders.
Work organization we are a process-based organization, with a working model in which processes are responsible for the management of all resources and functions required to accomplish the organization’s mission. As a result, ethics represents a key element of comprehensive responsibility for the process owners.
Declaration of Ethical Behavior
The Declaration of Ethical Behavior was defined by our workers in 2006, being a moral orientation tool, aimed at building an action framework for labor, personal and institutional relations; it is intended to reaffirm a trust, transparency, responsibility and justice basis in relations of workers, workers with Company, and both parties with stakeholders.
In 2015, the Declaration of Ethical Behavior was reviewed. The new proposal was presented to our Management Committee, Audit Committee and Board of Directors and then adopted by the Company as our ethics code.
These are organizational guidelines for Company members, namely: good governance practices, policies, regulations, and others, which drive the conduct of members of the Board of Directors, executives and employees.
Good Governance Practices
Our Good Governance Code integrates principles, values and practices underpinning the manner in which the Company preserves ethics, manages business affairs, recognizes and respects the rights of shareholders and investors, declares transparency of its management and discloses business information.
The Good Governance Code sets out corporate principles, responsibilities, rights, and corporate position with respect to:
Company and its governance: Shareholders Meeting, Board of Directors, General Manager and executives
Management of conflicts of interest
Equal treatment to shareholders
Anti-Bribery, Anti-corruption and Anti-fraud Policy
It gathers declarations, practices, and indicators adopted by our Company at regulatory, statutory and good governance levels, with the intent of promoting prevention and detection of potential fraud or corruption situations, and efficient treatment thereof, protecting ethics as a core value for the Company and its workers. All of the foregoing to have an identifiable regulatory body for its management and provisions of further transparency in its actions.
Establish corporate guidelines for identification, prevention, protection and management of fraud or corruption risk.
Handbook for Management of Unethical Situations and Management of Fraud Risk
This Handbook contains the guidelines for identification, prevention, protection, control, fraud risk management and transfer, added to handling situations involving breach of the Declaration of Ethical Behavior.
Our relations are based on ethics, trust, respect, openness, dialogue and collaboration, with common good prevailing over particular interests.
We promote among stakeholders a responsible business management relative to ethical, labor, human rights, environmental and economic aspects.
Human Rights Policy
With the Human Rights Policy, we promote respect for rights and freedom of individuals in performance of their business activities and encourage among stakeholders respect for human rights and International Humanitarian Law, which are recognized by the States and their society as pillars for essential dignity and harmonic coexistence.
This is part of our Company’s commitment to align strategies and operations thus contributing to human development based on the ten principles of the UN Global Pact initiative, focused on four areas: human rights, labor practices, environment and anti-corruption.
Minimum sustainability with providers
We seek to consolidate responsible, ethical relations aimed at improving life quality of the people, preserver the environment, and contribute to economic growth. We expect our providers to comply with legal requisites and some minimal requirements relative to sustainability on ethics, labor, environment and human rights matters.
Human Rights Policy and Clause in Contracts: we provide opportunities for reflection and training among workers and providers. We have a clause in contracts and agreements binding them to report to us claims on any type of violation, bribery or extortion, and to take the respective action. We expand this information in our Human Rights Policy
Agreement on Ethical Behaviors: ethics is our core value and, therefore, our activities are performed based on ethics, client-based, economic focus and social and environmental responsibility, thus contributing to social and environmental sustainability. Further information in our Declaration of Ethical Behaviors
Thus, we have designed, together with our suppliers, a tool enabling to know the level of commitment to comply with the minimum sustainability tiers in accordance with an overall assessment.
Fraud Risk Management Program
We have in place a Fraud Risk Management Program that relies on the Company’s conviction of performing all of our activities based on ethics, transparency, and regulatory compliance criteria, supported by the Business Ethics System. Hence, we work from various fronts to preserve ethics as a fundamental value and have implemented best practices relative to fraud risk, focused on continuous improvement.
We consider fraud as any other illegal act associated with deceit, concealment or breach of trust. These acts do not require the use of threat, violence or physical force. Frauds are perpetrated by individuals or organizations to obtain cash, goods or services, payments or service loss and thus ensure personal or business benefits.
Fraud risk is classified as one of our corporate risks. Should there be circumstance affecting it, there will be periodical follow up thereon by the Management Committee and the Audit Committee.
Similarly, annually we update risk matrices of our work activities, whereby we include fraud risk identification, with its variations, emphasizing on activities that because of their nature are more sensitive to this risk.
Design and execution of fraud risk controls
We implement the respective controls to prevent materialization of fraud risk events, it being worth to highlight the following:
Management Model: ethics and transparency are crosscutting to our conception of company, philosophy, values, organizational foundations, and work organization.
Human Management Procedures
Structures for supervisions and approval of transactions
Process and transaction controls
Identification of processes and roles that are most sensitive to fraud risk, among other controls.
Training, awareness on fraud issues and information dissemination
We promote and disseminate continuously our transparency practices, which, in addition to promoting ethics and transparency among our stakeholders, includes matters relative to fraud risk, thus conducting activities such as:
Publishing in magazines
Internal media campaigns and corporate Intranet
Publishing in communication media with stakeholders
Training of employees and executives
Transparency in dissemination of information, complying with Law 172 of 2014
Disclosure of our practices and performance in our Annual Management Report
Fraud risk follow up and assessment
We perform activities aimed at preventing, detecting and tracking potential situation and events that may translate into fraud risk materialization and, therefore, we have implemented actions that include:
Transactional follow up activities
Evaluation of business control system
Ethics Line Reports
Conflicts of interest mailbox
Protocol for investigation and response to alleged fraud events
These include law or regulatory guidelines relative to transparency and fight against corruption that we must observe, namely:
Manual for Self-Control and Management of Money Laundering and Terrorist Financing Risks
We promote transparency as an explicit commitment of our Management Model and we comply with Law 1712 of 2014, which regulates the right of accessing public information, procedures for exercising and guaranteeing such right, and information advertising exceptions, which is applicable to corporate information directly related to the public utility service we provide.
Pursuant to the guidelines of this Law and our good governance in-house policies, we provide information that, further to complying with the law, includes additional, voluntary information.
In compliance with Law 1474 of 2011, we publish our Anti-corruption Plan. Our Company has structured a Business Ethics System aimed at guiding workers’ behavior in their day to day activity and in relations with their stakeholders.
This Plan is an integral part of the Fraud Risk Management Program, which is intended to manage the Company’s fraud and corruption risk, by developing a strategy for its prevention, detection and treatment.
These include mechanisms that enable our stakeholders to report situations or events that may, or in fact are affecting the ethical environment of our Company or our mutual relations, and also include mechanisms aimed at confirming the workers’ commitment with business ethics practices.
It's a mechanism consisting of an email address, a telephone hotline and a fax line, which we have made available to employees and the general public so that they can report irregularities or acts committed by employees or third parties that affect or may affect the interests of the Company or its stakeholders; all under the principles of service, investigation, justice, confidentiality, performance, backing, support, non-reward and respect. These concerns can be submitted anonymously, if preferred.
Described below are some types of cases or events that may be reported through the Ethics Channel:
The responsibility of each employee is to report to their supervisor and to mailbox firstname.lastname@example.org any potential or real event or situation that may be considered conflict of interest.
The members of the Board of Directors and Board Committees, the Chief Executive Officer and the employees must act with diligence and loyalty towards the Company within the framework of values, principles, practices and declarations framed within the Good Governance Code, and must abstain from getting directly or indirectly involved in the decisions and/or conducts on which a conflict of interest exists or could exist.
Similarly, they are aware of the juridical nature of the Company, its equity composition and the conformation of the Board of Directors, and propose additional challenges relative to the identification and dissemination of potential conflicts of interest. The Administration will disclose every year the conflicts of interest declared by the members of the Board of Directors in the Corporate Governance report.
Coexistence at Work Committee
It works of prevention of work harassment prevention through reliable, conciliatory and effective in-house procedures, pursuant to Law 1010 of 2006 and associated relations.
Article 2 of Law 2010 of 2006 sets out the definition and modalities of work harassment. Work harassment is understood as any persistent, evident conduct against an employee, on a worker by an employer, a supervisor or direct or indirect hierarchical manager, a work peer or subordinate, intended to generate fear, intimidation, terror or anguish, work related damage, lack of motivation at work or lead to resignation therefrom.
This self-evaluation is applicable to all employees. Its purpose is to assess transparency practices and business ethics behavior, management of fraud risk, conflicts of interest negotiation of securities, control and prevention of money laundering; verification of the level of awareness and application of the guidelines set out by the Company through its Good Governance Code, the Declaration of Ethical Behaviors and the Handbook for addressing Unethical Situations and Fraud Risk Management; and identification of areas that are susceptible of improvement.
Group promoting the Declaration of Ethical Behavior
It is formed by employees who are elected by vote and by Company representatives. It promotes actions, review and dialogue concerning participative ethics and promotion of the Declaration of Ethical Behaviors among employees and other stakeholders.
They include elements that help us define and implement improvement actions concerning management of the Business Ethics System as related to ethics and provide guidelines to the Administration on situations that are against it.
It is appointed by the Board of Directors and conformed by at least three of its members; if possible, all its independent members must be part of it. The President of the Audit Committee must be one of the Board of Directors independent members.
This Committee supports the Board of Directors in the analysis of aspects related to:
Assessment of financial results and accounting policies
Business Control System
Corporate Audit Activities
External Control Bodies
Corporate risk management and business continuity
Assessment of Good Corporate Governance Practices
Prevention of money laundering
Other matters assigned by the Board of Directors or provided for by law
For consultation, you may contact about the responsibilities and powers of the Audit Committee.
It advises and guides the Company on issues related to potential cases of breach of ethics, fraud or corruption.
It addresses the following topics:
Ethics as a core value
Business Ethics System
Declaration of Business Behaviors (DBB)
Fraud and Corruption Management Policy
Human Rights The Committee is comprised by:
External independent member appointed by the Board of Directors
Fraud Risk Assessment
The annual plan of the Corporate Audit team includes testing aimed at assessing fraud risk as a fundamental part of the business control system activities. To such end, we prepare an annual report with the results from these tests.
Reputation and Brand Study
We conduct a brand and reputation study, designed specifically by ISAGEN, which in addition to assessing the level of knowledge and positioning of the Company, measures the quality of relations with stakeholders. In also measures the level of appreciation of the stakeholders concerning the Company’s management in areas of leadership, social performance, financial performance, environmental performance, corporate governance and business ethics.
Other mechanisms used to measure components’ effectiveness in our Business Ethics System and to establish reference points vis-à-vis similar companies:
Measurement of business transparency
This is an initiative of Corporación Transparencia por Colombia, which measures the standards in transparency policies and mechanisms in place at public utility companies in the country. This measurement is performed annually and since 2014 we have achieve 100/100 scores, being considered the best Company for its transparency practices and the only one in the country achieving this rating for two consecutive years.
Dow Jones Sustainability Index
It is a standard that evaluates the policies and business models of large companies with a methodology that includes the dimension of corporate responsibility: economic, social and environmental. Within each dimension, it analyzes and evaluates a number of criteria intended for measuring Company practices in comparison with others in the same sector worldwide.
The measurement includes a chapter dedicated to assess measures implemented by the Company to measure its endeavors relative to ethics, compliance, corruption and bribery issues.
Organizational climate measurement
This measurement is performed every two years and it provides a number of reports broken down by organizational areas, type of positions, and seniority in the company, age and venue, data which identifies the areas requiring intervention for improvement or maintaining the organizational climate.
As regards issues related to ethics, an overall exploration is conducted on how the employees perceive the measures implemented by the Company to prevent fraud, corruption and incorrect acts, thus providing information to determine if the measures in place and sufficient and adequate.
These are all policies, practices, provisions, declarations, definition of responsibilities, mechanisms and measures set out by the Company to manage and protect ethics as our core value.
These are all actions undertaken as a Company to convey, share, disseminate and promote our transparency practices and ethics management among our stakeholders. This is aimed at creating dialogue opportunities, transcending on engagement.
The companies have the mandate of implementing effective systems to promote ethics, transparency and fight against corruption, in order to involve stakeholders and enabling collective actions that help protect social climate against corrupt practices. Convinced of this, we worked in 2015 on the following collective actions:
Collective action of the colombian electric energy sector
Accompanied by the UN Drug and Crime Office, the Transparency Secretariat of the Presidency of Colombia and the Fundación Transparencia por Colombia, the electric energy sector companies signed a collective agreement aimed at incorporating transparency and ethics good practices, which promotes healthy competition, trust and sustainability of the companies involved, all of which is summarized in five principles, some of which we have already implemented and others on which we are working internally:
Progress in development and implementation of a comprehensive anti-corruption program.
Continue promoting competition in the electric energy sector, relying on good corporate governance indicators for prevention of free competition restrictions.
Build and disseminate in each company a map of corruption risks, competition restrictive practices, and money laundering and terrorist financing.
Supply useful information to promote transparency in the sector and the energy market.
Disseminate this agreement in each company, with their Board of Directors and various industry stakeholders.
Transparency and Citizen Participation Network
For the second year we have been part of this Network, which is intended to promote care for public resources and the environment, citizen participation and fight against corruption in public, private and academic sectors.
In 2015 we participated in the Good Transparency and Legality Practices Contest promoted as part of this initiative, in which we were the winners for the presentation of our Business Ethics System model, which is now a benchmark indicator for other companies in the Network to voluntarily apply some of the elements of our System.
Within our supplier networks we promote in depth review of our transparency practices and going beyond our relationship with them. Some initiatives undertaken include building procedures for overseeing good practices among them. We highlight the Ethics Committee with our technological partners.
Companies for Companies Initiative (DEPE for the Spanish)
Companies that have adhered to the Global Compact initiative train SMEs in the supply chain of other adhering companies, focusing on practical tools to define and implement their corruption risk management systems.
Business Ethics System
We signed the Transparency and Citizen Participation Network agreement