Prevention of discrimination, sexual and workplace harassment (3.2.1. ISDJ)

Message from the Presidency:

“(…) In this Code we declare our commitment to the promotion and defense of human rights, and compliance with national and international standards in this matter, in pursuit of peace in the territories where we operate; also, support for inclusion and diversity as necessary postulates of coexistence, rejecting all discriminatory conducts and expressions contrary to such postulates. (…)” 

Regulatory framework for the rejection of discrimination, sexual and workplace harassment:

1. Ethics and Conduct Code (3.2.1 ISDJ - Public policies against discrimination and harassment in the whole group): 

The Ethics and Conduct Code is a compendium of rules that define the standards of behavior expected by the organization, which guide the actions of Ecopetrol S.A., the companies that make up the Group, and of all the recipients of the Code, pursuant to the ethical principles of integrity, responsibility, respect, and commitment to life.

It contains a conduct guide for compliance with ethical principles, real situations, warning signs and frequently asked questions to achieve a better understanding and internalization of the Ecopetrol Group's ethical principles. The Code is addressed to the members of boards of directors and workers of Ecopetrol S.A. and its group, all natural or legal persons that have any relationship with it, including beneficiaries, shareholders, contractors, suppliers, agents, partners, customers, allies, bidders, as well as the personnel and firms that the contractors link for the execution of the agreed activities.

Consult here.

Regulatory framework for the rejection of discrimination, sexual harassment and workplace harassment 

Code of Ethics and Conduct(3.2.1. ISDJ Zero Tolerance Discrimination Policy) 

Based on the value of Respect enshrined in our Code of Ethics, which highlights the ability to accept and recognize differences with other people. Based on this principle, human, fundamental and social rights are protected, seeking to recognize others without distinction of sex, orientation, race, national or family origin, language, religion, political or philosophical opinion, disability status, economic condition, physiognomy, genetic characteristics, educational level, socio-cultural characteristics, difference of thought, expression, teh way we are, or any other situation that goes against the Diversity and Inclusion Policy adopted by Ecopetrol. By virtue of this principle, we act in a cordial manner, without discrimination or mistreatment or attacking others, not running down on others, nor harming the image of the people or the Company.

The Code also requires all recipients to act with social responsibility, respect for Human Rights and to reject any form of discrimination. In particular, the principles of respect and commitment to life require the company to guarantee the defense and promotion of human rights, to prevent discrimination, and to comply with HSE standards. Further, this Code requires compliance with the law, which means that the company is committed to following applicable local and international standards regarding fair working practices and human rights, including prohibitions on forced or child labor. In this regard, Ecopetrol has voluntarily subscribed to the United Nations Global Compact, an initiative that promotes the commitment of the private sector, the public sector, and the civil society, to align their strategies and operations with ten universally accepted principles in four thematic areas: human rights, labor standards, environment, and anti-corruption. The Global Compact is considered a framework for action that facilitates the social legitimation of business and markets.  The adhereing organizations share the conviction that business practices, based on universal principles, contribute to the generation of a more stable, equitable, inclusive market, which fosters more prosperous societies.

In turn, the code of ethics highlights the rejection of any form of Sexual Harassment (3.2.1 ISDJ Explicit statement prohibiting harassment - Sexual harassment)

What is sexual harassment? This is undesired conduct of a sexual nature in the workplace that makes the person feel offended, humiliated and/or intimidated.

HOW IS SEXUAL HARASSMENT EVIDENCED? It can show up in behaviors such as: 

• Work related or personal pressure, coercion, or blackmail;

• Hostile work environment;

 • Attitudes that can be physical such as touching, unnecessary approaches, forcing intimate actions, or giving non-consensual kisses, among others. 

• Verbal conduct, in writing, or in digital media, through sexual comments, gestures with sexual connotation, inappropriate messages or notes, sharing pornographic material, etc.

At the Ecopetrol Group, we expect our entire human team to behave in accordance with the values set forth in our Code of Ethics and the principles described in our cultural performance model, highlighting for this purpose, the principle of “We listen with Respect and Speak Clearly; We Lead based on Diversity and Inclusion.”

2. Human Rights and Diversity Equity and Inclusion Policies:

Ecopetrol's management aligns with eight principles from the Guide on Human Rights (HHRR): Due diligence, Reparation, Cross-cutting nature, Complementarity, Collaborative work, Differential approach, Territorial Approach and Continuous improvement. The company emphasizes refraining from violating third-party human rights and pushes back any negative consequences on the HHRR in which they are involved. This involves identifying, evaluating, addressing, and monitoring HHRR risks to ensure responsible business conduct in its activities and supply chain, as per United Nations Guiding Principles and Socially Responsible Investment (SRI) standards. Ecopetrol also addresses adverse human rights impacts it identifies, providing compensation or remediation as needed. 

Diversity and Inclusion Policy

Human Rights Policy

3. Law 1010 of 2006 on workplace harassment, and Guide to the Working Coexistence Committee  (3.2.1 ISDJ Explicit statement prohibiting harassment - non-sexual harassment)

Ecopetrol S.A.'s Labor Coexistence Committee promotes Respect, Impartiality, Tolerance, Serenity, Attitude of dialogue and Conciliation that tend to the improvement of Labor Coexistence in a total environment of Confidentiality. In this sense, we build improvement plans agreed among those involved, follow up on them, and close cases in order to build human relations with mutual welfare.  

Ecopetrol S.A.'s Labor Coexistence Committee promotes Respect, Impartiality, Tolerance, Serenity, Attitude of dialogue and Conciliation that tend to the improvement of Labor Coexistence in a total environment of Confidentiality. In this sense, we build improvement plans agreed among those involved, follow up on them, and close cases in order to build human relations with mutual welfare.  

The organization rejects any form of workplace harassment, in accordance with the regulatory framework of the country of operation. In the case of Colombia, in accordance with Law 1010 of 2006, the following forms of workplace harassment are considered:

Mistreatment at work: Any act of violence against the physical or moral integrity, physical or sexual freedom and property of any employee or worker. Physical, verbal, or moral abuse are part of this group.

Verbal abuse: Any offensive or outrageous verbal expression that harms the moral integrity or privacy rights and the good name of those who participate in a working relationship, or any behaviour aimed at undermining the self-esteem and dignity of those who are part of a working relationship. 

Persecution at work:   Any conduct whose arbitrariness characteristics evidence the intention of inducing the resignation of the employee or worker, through disqualification, excessive work burden, and permanent changes of schedule that can lead to demotivation at work.

Discrimination at work:  Any differential treatment on the grounds of race, gender, national or family origin, religious belief, political preference, or social situation or that is not reasonable at all from a labor perspective. 

Work obstruction: Any action seeking to obstruct work performance or make it more burdensome or retard timing by injuring the worker or employee. 

Inequality at work.  It refers to the assignment of functions to the detriment of the worker. 

Lack of labor protection. Any conduct likely to undermine the integrity and safety of the worker through orders or functions without complying with the minimum requirements for the workers' protection and safety. 

Preventive management measures and action against discrimination and sexual harassment

Prevention

1. Training for all employees on discrimination and harassment in the workplace and other stakeholders(3.2.1. ISDJ  Training for all employees on discrimination and harassment in the workplace) 

Ecopetrol annually conducts training on the prevention of discrimination, sexual harassment, workplace harassment, gender-based violence, among other topics that reinforce the prevention of discrimination and harassment in the workplace.  

In 2022, we designed a gamification strategy called Ethical Tour, which allowed us to reinforce these issues in a novel way and was well received by the public, since it had a version for employees of the corporate group and for suppliers. It should be noted that a tripartite work was carried out involving Human Rights, VCU and Diversity, Equity and Inclusion, achieving a comprehensive approach to the issues.

2. Available reporting channels and comprehensive care protocols

a. Channels available for reporting discrimination or sexual harassment:

• Ethics line: https://lineaetica.ecopetrol.com.co
• International Line (International Prefix free of charge) 018009121013
• National Line in Bogotá 3103158600 extension 43900
• Ethics and Compliance Office, 3103158600 Extension 59052 hours of operation Tuesday and Friday from 8 am. to 12 m

All complaints received are analyzed in accordance with the Ethical Issues Management Procedure (VEI-P-001), based on the principles of the Code and other applicable standards, as the case may be. This channel is corporate and operated by an independent international company, providing total transparency in the process. This system guarantees:
 

1. Availability all year round, 24 hours a day, 7 days a week;
2. Reports in Spanish, English and Portuguese;
3. File anonymous reports;
4. Confidentiality of information, in accordance with applicable international regulations.
    

Remember that it is essential that, if you know or suspect a situation involving a person linked to Ecopetrol or any recipient of Ecopetrol's Code of Ethics and Conduct (described above) that leads to non-compliance with these behaviors set forth in the code of ethics, it is a duty to report the fact through the channels provided. 

Learn about the Guide for the prevention and attention of sexual harassment and discrimination in the workplace.  

Learn more about the Gender Violence Prevention Kit. 

 c. Channels available for complaints of workplace harassment:

To go to the Committee of Labor Coexistence, the case must be sent, with the respective evidence, to the mail comitedeconvivencia@ecopetrol.com.co this being the only channel of attention to complaints of workplace harassment, where the reasons for the disagreement must be exposed and accrediting the evidence for the case.

Know the Protocol of denunciation and integral attention in situations of Labor Harassment

3.  Knowledge of reporting channels

Assessment results on the level of knowledge of people about:

4. Reporting of cases and corrective measures in cases of discrimination or harassment (3.2.1. ISDJ Number of incidents of discrimination and harassment reviewed y Corrective or disciplinary actions taken in case of discriminatory behavior or harassment).

See Reporting of breaches to the Code of Conduct 2023  

See Program for Ecopetrol and its Business Group 

*In 2023, one breach regarding sexual harassment was confirmed. The actions taken were: Notification to the Attorney General's Office, Notification to the Regional Vice-Presidency which was impacted by the breach, and to the Physical Security Management in order for them to implement preventive measures. The person who committed the infraction was not identified, therefore, we were not able to take further actions. 

**During 2023, there were no cases of discrimination based on race, color, sex, religion, political opinions, nationality, social origin, age, disability, migratory status, HIV, gender, sexual orientation, genetic predisposition, lifestyle, among others.  

*** In 2023, 8 cases have been referred to the Attorney General's Office for review. The increase in the number of referrals is due to the guidelines given by the Ministry of Labor during training provided this year, in which the Chairman of the Ecopetrol Committee participated, where it was indicated that in the event that an agreement is not reached between the parties, the cases must necessarily be referred to the Attorney General's Office for review. 

Performance

1. Rejection, prevention and punitive measures (3.2.1. ISDJ Corrective or disciplinary measures taken in case of discriminatory behavior or harassment)

Discrimination and sexual harassment:

The organization permanently monitors facts or circumstances that may constitute cases of violence/sexual harassment or discrimination. In accordance with the principles of transparency and standards of Diversity, Equity and Inclusion, reports are generated that inform about the cases studied and managed, as well as the aggregate sanction measures imposed in appropriate cases.

Sanctions are imposed in proportion to the seriousness of the act and based on the protection of the victim, regardless of the position held by the person involved. These measures may range from a warning to dismissal, understood as the termination of the employment contract with Ecopetrol S.A., in addition to the disciplinary or legal processes listed below:

• The Internal Work Regulations that contain the internal disciplinary regime
• The Work Contracts, through which the workers undertake to act transparently and not to violate the Code of Ethics and Conduct.
• Procedure for the Granting of Variable Compensation, which contemplates the grounds for non-payment of this benefit when the company's ethical guidelines are violated or internal control failures have been incurred.
• Background check and integrity test for all employees of the organization.
• Induction for new employees on ethical issues, training and communications.
• Employee performance evaluation system that includes, in addition to work objectives, organizational competencies: passion for excellence, commitment to life, creativity - responsibility, collaboration - communication and integrity.
• Ecopetrol workers who have responsibilities in contractual processes must sign their commitment to transparency for each process.

Workplace Harassment:

Once the complaint has been filed, the committee assesses it, and decides whether to admit the case. In any of the two assessments, the result will be reported to the person who filed the complaint.  If the complaint is admitted, an investigation will be conducted to determine the veracity of the case and additional testimonies or evidence will be requested, as necessary.  The committee will hold individual and group meetings with the people involved, seeking an agreement between the parties. 

If an agreement is not reached between the parties involved, the Committee must refer the case to the Office of the Attorney General of the Nation, the competent body to carry out the respective investigation of the alleged harassment at work and, if any conduct constituting harassment is corroborated, the respective sanctions will be imposed on the offender, in accordance with the provisions of Law 1010 of 2006. If a conciliation between the parties involved is not achieved, the committee will transfer the case to the Office of the Attorney General of the Nation, which is the competent body to conduct the respective disciplinary investigation for the alleged workplace harassment, imposing the respective legal sanctions on the offender, with dismissal, understood as the termination of the employment contract with Ecopetrol S.A.  

2. Comprehensive management for the prevention and promotion of Ethical Conduct, Human Rights and Diversity and Inclusion

Compliance Program:

The Compliance Program is the set of actions, guidelines, procedures and good practices, adopted by Ecopetrol and its Business Group (GE) to identify and classify the risks it faces in the development of its corporate objectives in order to establish mechanisms for its prevention and control.

Its main objectives are to consolidate an ethical culture in the organization, under the principles of the Code of Ethics and Conduct (CEC) integrity, responsibility, respect and commitment to life, identify and manage the company's compliance risks and ensure its controls and promote the adequate execution of the processes required for the development of business, to avoid the materialization of risks derived from failures in controls, among others.

Learn more about the Compliance Program:

Human Rights Program:

Ecopetrol's management is framed in the four principles established in the Human Rights guidelines: Due diligence, transversality, complementarity and collaborative work.

According to their understanding, the Human Rights Action Plan is built where the actions to be carried out under a Plan-Do-Check-Act (PDCA) approach are established to ensure management in accordance with the standards in the matter. As a result of the human rights risk analyzes that are carried out periodically, an exercise was carried out to identify pending issues, issues that must be managed by the Company for the prevention and mitigation of risks and impacts on human rights. This Plan includes:

• Equality and discrimination
• Equal opportunities for access to employment

Learn more about the Human Rights Program

Diversity, equity and Inclusion (DE&I) Program

Ecopetrol's DE&I Program helps prevent any form of discrimination and harassment by developing a holistic approach to integrate DE&I into our sustainability strategy and processes, as well as all of our 7 stakeholders, especially employees, the community and suppliers.

Our program consists of 5 components, which include: 1. Gender, 2. Disability, 3. Reconciliation: Victims of Internal Conflict, Veterans and Ex-combatants, 4. Ethnic groups, origin and Social and Cultural Conditions, 5. Sexual Orientation and Identity and Expression of genre. All of these fall under the Diversity Umbrella, which symbolizes the full expression of ideas and diversity of thought.

Learn more about the Diversity and Inclusion Program:

Management of the Coexistence Committee for the prevention of workplace harassment

Ecopetrol's Labor Coexistence Committee fosters respect, impartiality, tolerance, serenity, open dialogue and conciliation that tends to improve labor coexistence in an environment of absolute confidentiality. Under this framework, consensual cases of improvement plans are built, monitored and closed with the aim of establishing relationships based on mutual well-being.

Coexistence Committee Management report

In 2023, Ecopetrol's Labor Coexistence Committee managed a total of 25 requests of which: 6 are in the process of analysis and listening to the parties, 3 requests are in follow-up of agreements or establishment of agreements, 2 were rejected, 2 were closed for not complying with the characteristic of labor harassment according to Law 1010 of 2006, 4 were closed for compliance with Agreements and 8 were referred to the Attorney General's Office for lack of competence. 

Of the total number of cases brought to the consideration of the Working Coexistence Committee of Ecopetrol S.A., none of them was considered workplace harassment pursuant to the terms of Law 1010 of 2006, nor in the cases that have been transferred to the Attorney General's Office, which is the competent control body to adopt any punitive measures that may arise for the workplace harassment disciplinary offense.

Included below is the Overall List of Applications submitted to the Working Coexistence Committee from the year 2015-2022.

Finally, the Balance of Requests Managed for the year 2015-2022 and the details of the management are presented below: