For over 10 years Enel has had a solid system of ethics which underpins its sustainability. This system is a dynamic collection of rules which is constantly oriented at introducing the best international practices which all the people who work in Enel and for Enel must comply with and apply in their daily work.
Code of Ethics
In 2002 Enel adopted the Code of Ethics, which expresses its commitments and responsibilities in the conduct of its affairs and corporate activities. This Code applies both in Italy and abroad, in light of the cultural, social and economic diversity of the various countries where Enel operates. The Code of Ethics is binding for the conduct of all Enel’s workers; all the investee companies and the main suppliers of the Group are asked to conduct themselves in line with the general principles expressed therein.
During 2015, the process of managing notifications was reviewed to guarantee greater transparency, traceability and to standardize the assessment systems at Group level, thus guaranteeing appropriate analysis timeframes. The new process also improved the preliminary analysis of the notifications received.
As from January 2016, it is possible to use a new unique online communication channel at Group level, in order to notify any violation or suspected violation of the Enel Compliance Programs, which are applied in the various countries where Group companies operate (Enel Ethic box).
Policy on Human Rights
In order to enact the United Nations Guidelines on Business and Human Rights, in 2013 the Board of Directors of Enel SpA approved the Policy on Human Rights and subsequently extended it to all the subsidiaries of the Group. The policy sets out the commitments and responsibilities in regard to human rights entered into by employees of Enel SpA and of its subsidiaries, whether they are directors or employees in whatever form of such companies. In addition, with this formal commitment, Enel openly becomes the promoter of the respect of such rights by contractors, suppliers and commercial partners in its business relationships.
As required by the Guidelines and on the basis of policy principles, the Human Rights Compliance Assessment (HRCA) project is continuing in the various countries, through the establishment of multi-function and multi-country work groups which enable the definition of global policies and to set them out while taking into account local situations. During 2015 numerous important projects were started in order to integrate these rights into the main corporate processes as described in detail in the section dedicated to “Our commitment”. As part of the work to define the Group’s priorities (see “Analysis of priorities”) various stakeholders are asked their opinion on human rights in various aspects, and each stakeholder can use a dedicated channel to notify alleged violations (Enel Ethic box), which will be handled in compliance with the provisions of the Code of Ethics.
The principles of the Policy on Human Rights
- Rejection of forced or compulsory labor and child labor
- Respect for diversity and non-discrimination
- Freedom of association and collective bargaining
- Health and safety
- Just and favorable working conditions
Relationships with communities
- Respecting the rights of communities
- Integrity: zero tolerance of corruption
- Privacy and communications
Enel takes part in the initiative launched by UNICEF Italia: UNICEF Business Lab. A platform which involves the institutions, companies, academic world, that of the media and the main stakeholders from the Italian economy on the issues of Business and human rights, children and adolescents.
As from 2014 Emgesa and Codensa, Colombian companies in the Enel Group, are part, as founding members, of the Colombian network against child labor. An initiative promoted by the Ministerio de Trabajo and supported by the Organización Internacional del Trabajo (OIT) and by the Pacto Global Colombia. The main goal of the Network is help prevent and abolish child labor in companies, the supply chain and the areas of influence in which they operate.
Organizational and Management Model 231
The “Organizational and Management Model ex Legislative Decree no. 231/2001” aims to prevent the risk of the crimes envisaged by the Decree being committed, including the crimes of public and private corruption, manslaughter and serious or very serious bodily harm committed in violation of the laws on safeguarding health and safety in the workplace, as well as environmental crimes. The principles set out in the Model are extended to the Group’s foreign subsidiaries through the adoption of specific guidelines. In 2015 specific reviews were started in order to incorporate the new types of crime envisaged in the development of the law. In implementation of the provisions of the 231 Decree, a collegial body (“Supervisory Board”) has been set up in Enel SpA with autonomous powers of action and control, with the duty of overseeing the functioning and observance of the Model and arranging its revision. In 2015 the Supervisory Board held 13 meetings and consisted of two external members with experience in corporate organization, as well as managers from the Audit and Legal and Corporate Affairs departments and the Secretary of the Enel Board of Directors, as figures with specific professional skills in application of the Model and who are not directly involved in operations. At December 31, 2015 there were two pending judgments for alleged violations of Legislative Decree no. 231/01, of which one against Enel Produzione and one against Enel Distribuzione, for the omission of accident prevention measures. For further details reference should be made to the Annual Report 2015 (www.enel.com).
Zero Tolerance of Corruption Plan
The Plan was adopted in 2006 and assigns precise responsibilities for monitoring corruption risks and for correctly handling any suspect cases. The Plan gives substance to Enel’s participation in the United Nations Global Compact and the Partnering Against Corruption Initiative (PACI), an initiative promoted by the World Economic Forum of Davos in 2005.
All parts of the organization are responsible, as appropriate, for effective risk management by putting adequate control and monitoring systems into place. The analysis and oversight of corruption risk is also part of the more general process of Group risk assessment, which is carried out periodically by the Audit Function.
Lessons on ethics and anti-corruption
Enel attributes great importance to sustainability issues and to full awareness of them on the part of the Group’s employees. For this reason it organizes specific online and classroom-based courses aimed at ensuring the dissemination, due understanding and development of effective conduct linked to the essential contents of sustainability, such as courses relating to the Code of Ethics, to the 231 Compliance Program and to corporate responsibility.
During 2015 around 650 thousand hours of training were provided on sustainability, the Code of Ethics and the 231 Compliance Program.
The By-Laws of Enel Brasil and the Matrix of the model to prevent criminal risks were updated in the previous year to the requirements envisaged by the Brazilian anti-corruption law and training courses were provided to employees on ethical principles and on the law.
In addition, as part of the agreement signed in October 2014 by Enersis with Chile Transparente (Transparency International Chile), in June 2015 a meeting was held on “Regulation of lobbying and management of individual interests”, during which profiles were addressed linked to Chilean Law no. 20.730, which regulates this activity, and on its implications.