In depth
New obligations for employers
According to the Resolution, employers must implement the following:
- Workplace harassment prevention policy.
- Coexistence manuals.
- Gender-sensitive prevention measures.
- Non-discrimination training.
- Awareness activities on harassment, assertive communication, and conflict resolution.
- Training sessions (in collaboration with the Occupational Risk Administrator (ARL)) for the Committee, Joint Committee on Occupational Health and Safety (COPASST), emergency brigades, and Occupational Health and Safety Management System (SG-SST) leaders on psychological first aid in crisis situations.
Additionally, employers shall:
- Mitigate psychosocial risks in the workplace (that is, to implement preventive and corrective measures).
- Provide an in-person or virtual support channel for assistance, intervention, and/or psychological first aid for individuals who have reported workplace harassment.
- Communicate the available mental health support pathways.
- Implement the recommendations issued by the Committee.
- Designate a physical space for the Committee’s meetings and activities.
- Allow Committee members dedicated time during the workday to fulfill their responsibilities.
Changes in the composition of the Committee
The number of members will depend on whether the companies have less than five workers, between six and 20, or more than 20.
Also:
- Employers operating two or more workplaces must establish a Committee at each location.
- Employees who have been the subject of a complaint or who have been victims of workplace harassment within the past year are not eligible to serve on the Committee.
The Committee’s term remains two years.
New obligations for the Committee
It brings new obligations, among which we highlight:
- Adopt and enforce internal regulations, including non-disclosure agreements (NDAs).
- Conduct investigations of workplace harassment complaints within a maximum of 65 calendar days from the receipt of the formal complaint, establishing specific timeframes for each stage of the process.
- Hold regular meetings on a monthly basis.
Changes regarding the investigation of sexual harassment complaints
The Resolution establishes that the Committee is not authorized to handle or investigate sexual harassment complaints. Such complaints must be processed in accordance with the established procedure by Senior Management and the Head of Human Resources.
What steps should we take to ensure compliance?
Along with organizing training sessions and awareness activities, organizations should consider reviewing, updating, and/or implementing the following:
- Workplace regulations.
- Workplace harassment policies.
- Coexistence manuals.
- Sexual harassment policies and protocols.
- Committee regulations.
- Legal compliance matrix.
Additional information
For further details, you may consult Resolution 3461 of 2025 at the following link: Resolución 3461 de 2025 Ministerio del Trabajo.
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