Decree 1040 of 2026 in Colombia: how to meet the new workplace harassment obligations through the SG-SST
Last updated: 22 August 2026. Regulatory status: Decree 1040 of 2026 was issued on 5 August 2026, published in Official Gazette No. 53,580 on 6 August 2026 and has been in force since that publication. It establishes neither a general transition period nor specific adaptation deadlines. As of 22 August 2026, no subsequent official act amending or repealing it was identified.
Decree 1040 of 2026 is the regulation Colombia had been waiting for since Law 1010 of 2006: it comprehensively regulates the prevention, handling and sanctioning of workplace harassment, violence and discrimination, and it does so by adding a new Chapter 8 to Decree 1072 of 2015, the same body of rules that governs the Occupational Safety and Health Management System (SG-SST). That detail changes how compliance works: the anti-harassment policy and protocol are no longer stand-alone HR documents but parts of the SG-SST that must connect with the psychosocial risk assessment, the workplace coexistence committee and the system’s indicators.
This guide explains what the decree requires, who it applies to, how it integrates with the SG-SST, what sanctions it provides and how to implement it with a prioritised 10-step checklist.
What Decree 1040 of 2026 is and since when it applies
Decree 1040 of 2026 was issued on 5 August 2026 (official text, Presidency of Colombia, Spanish), published in Official Gazette No. 53,580 on 6 August 2026 and applies from publication. It establishes neither a general transition period nor specific adaptation deadlines.
Which laws it regulates
- Law 1010 of 2006, which defined workplace harassment, its forms and the sanctioning procedure.
- Law 2365 of 2024, on the prevention, protection and handling of sexual harassment at work, together with provisions of Law 1257 of 2008 and Law 248 of 1995.
- Law 2466 of 2025, the labour reform: the decree partially regulates its Articles 4, 15(15), 15(16), 16, 17, 18 and 20, including the right to work free from violence and discrimination.
- Law 2528 of 2025, which approves ILO Convention 190 on the elimination of violence and harassment in the world of work.
- Decree 1072 of 2015, to which Chapter 8 of Title 1, Part 2, Book 2 is added.
Who it applies to
The scope includes the public and private sectors, formal and informal economies and physical or virtual work-related spaces. Protected persons include employees, independent workers, contractors, trainees, interns, apprentices, volunteers, jobseekers, applicants, dismissed persons and persons exercising employer authority. Policy and protocol duties fall on public and private employers and contracting entities on the terms set by the decree.
The employer’s obligations, one by one
Prevention policy: participatory, with a gender and differential approach, zero tolerance and indicators
The policy for preventing workplace harassment, violence and discrimination must be developed with worker and trade-union participation; incorporate gender, differential and intersectional approaches; state zero tolerance; define indicators, responsible persons and reporting frequency; be communicated to the whole organisation, including contractors; and be coordinated with the SG-SST and the competent bodies. The decree requires annual training and updating activities, not a specific annual policy review, although reviewing it at that frequency is good practice.
Protocol: care pathways, confidential channels, responsible persons, investigation and statistical reporting
The protocol is the operating procedure: care pathways by type of conduct (workplace harassment, sexual harassment, violence, discrimination), confidential and accessible reporting channels, persons responsible for receiving and processing complaints, investigation rules with due process, deadlines, protective and closing measures, and a periodic statistical report, aggregated and anonymised, that feeds the SG-SST indicators. ARLs, for their part, report their prevention and support activities to the Ministry of Labour each month, not individual cases.
Immediate protective measures and the 5-working-day deadline in sexual harassment or violence cases
The decree requires a rapid, confidential assessment of protective measures and the activation of immediate protection from the report or request, without prior proof. The five-working-day maximum applies only in sexual-harassment or sexual-violence cases, at the victim’s request, to four specific measures: transfer to another area, telework, avoiding interaction with the person under investigation and termination of the engagement without a notice penalty. Measures must be documented with date, responsible person and the consent of the protected person, and must never worsen their conditions.
Updating the internal work regulations and contracts
The internal work regulations (reglamento interno de trabajo) must incorporate the applicable provisions of the decree, and contracts and other engagement instruments must inform persons of the existence and binding nature of the policy and protocol. This documentary adjustment is best made together with the update required by the labour reform (Law 2466 of 2025).
Protection against retaliation and presumption of discrimination
The decree strengthens the non-retaliation guarantee: anyone who reports, testifies or supports a case cannot be sanctioned or dismissed for that reason. A unilateral termination or dismissal of the victim within six months following the request is ineffective provided that the reported facts are verified through judicial, administrative or oversight proceedings. The presumption of discrimination under Article 2.2.1.8.3.4 applies in its own circumstances and is not confined to that six-month period.
How it connects with the SG-SST
Psychosocial risk assessment of the case and intervention plan
Each case must trigger, within the SG-SST, an assessment of the associated psychosocial risk and the relevant intervention measures: analysis of the intra-work conditions of the affected area (leadership, social relations, role clarity, workload) and an intervention plan with measures, owners and follow-up. Administration or updating of the battery under Resolution 2764 of 2022 is governed by that resolution’s criteria and frequency, not automatically by each complaint. Sabentis’s safety, health and well-being modules link results, plans and evidence.
Workplace coexistence committee under Resolution 3461 of 2025
Resolution 3461 of 2025 updated the composition and operation of the workplace coexistence committee (comité de convivencia laboral): number of members by company size, alternates, a 2-year term, periodic meetings and a maximum of 65 calendar days to complete the internal procedure. The committee handles alleged workplace-harassment complaints within its preventive and conciliatory remit, and its minutes and recommendations must be documented. It has no jurisdiction over sexual-harassment cases, which are non-conciliable and must follow the route and body designated in the protocol. Sabentis includes committee management with minutes, members, terms and tasks within its organisational management and planning modules.
Indicators, evidence and case traceability before an inspection
The Ministry of Labour carries out unannounced inspections under Resolution 4179 of 2025. During a visit, the company must be able to show: a signed and communicated policy, a current protocol, an operating reporting channel, a case register with dates and measures adopted, coexistence committee minutes, psychosocial risk results and the intervention plan, training records and updated internal regulations. Traceability (who did what and when) is the difference between complying and being able to prove it.
The role of the ARL
Occupational risk insurers (ARLs) must provide emotional support lines, psychosocial intervention and crisis support, and advise on building the policy and protocol. It is advisable to document in the SG-SST which ARL supports were activated in each case.
Sanctions and oversight by the Ministry of Labour
Failure to establish or communicate the policy and protocol may be sanctioned under Articles 485 and 486 of the Substantive Labour Code; Laws 1010 of 2006 and 2365 of 2024 may also apply, together with the SG-SST sanctioning regime (Law 1562 of 2012 and Decree 472 of 2015) and preventive measures during inspections. The Ministry’s inspection strategy (Resolution 4179 of 2025, “An Inspection with Purpose”) prioritises unannounced visits and on-site document verification.
Prioritised 10-step checklist to implement the decree
- Appoint a project owner and convene the workplace coexistence committee and the COPASST.
- Draft or update the prevention policy with a gender and differential approach and have senior management approve it.
- Design the protocol with care pathways by type of conduct, confidential channels and deadlines.
- Define the catalogue of immediate protective measures and the workflow for the four measures subject to the 5-working-day deadline in sexual harassment or violence cases.
- Update the internal work regulations and the employment and contractor contract templates.
- Verify the composition of the coexistence committee under Resolution 3461 of 2025.
- Schedule the psychosocial risk assessment (Resolution 2764 of 2022) or review the current one.
- Train leaders, the committee, HR and the workforce, with attendance records.
- Define indicators: cases received, response times, measures adopted, recurrence.
- Centralise policy, protocol, cases, minutes and evidence in the SG-SST with access control.
How SG-SST software helps document policy, protocol, cases and psychosocial risk with human control
A digital management system does not replace the committee or human decision-making: it organises them and makes them demonstrable. With OHS software such as Sabentis, the company manages the policy and protocol as controlled documents, records each case with its timeline and measures, links the psychosocial assessment and the intervention plan, manages the coexistence committee with minutes and terms, schedules and evidences training and obtains the indicators required by the decree, the ARL and the Ministry of Labour. All with role-based permissions, confidentiality and an audit trail.
Frequently asked questions
Since when is Decree 1040 of 2026 mandatory?
Since its publication in the Official Gazette on 6 August 2026. It has been in force since then and establishes neither a general transition period nor specific adaptation deadlines.
Is there an adaptation period for the policy and protocol?
No. The decree establishes neither a general transition period nor specific adaptation deadlines; companies must adapt from its entry into force and document the process.
What is the difference between Decree 1040 of 2026 and Law 1010 of 2006?
Law 1010 of 2006 defines workplace harassment and sets the sanctioning regime; Decree 1040 of 2026 regulates and extends it with the employer’s preventive obligations, integration into the SG-SST and coverage of violence and discrimination in line with ILO Convention 190.
Is the workplace coexistence committee still mandatory under Resolution 3461 of 2025?
Yes. Resolution 3461 of 2025 regulates it and Decree 1040 of 2026 keeps it as the preventive and conciliatory body for alleged workplace-harassment complaints; sexual-harassment cases follow the designated route and are non-conciliable.
Do I have to apply the psychosocial risk battery after a complaint?
Not automatically. Each case must trigger an assessment of the associated psychosocial risk and intervention measures within the SG-SST; administration or updating of the battery is governed by the criteria and frequency of Resolution 2764 of 2022.
Does it apply to contractors, apprentices and interns?
Yes. Protected persons include contractors, trainees, interns, apprentices, volunteers, jobseekers, applicants and dismissed persons, among others.
Which protective measures must I adopt and how quickly?
Immediate, proportionate measures from the report or request, without prior proof and without worsening the affected person’s conditions. In sexual-harassment or sexual-violence cases, at the victim’s request, transfer to another area, telework, avoiding interaction with the person under investigation or termination of the engagement without a notice penalty must be adopted within a maximum of five working days.
What sanctions can the Ministry of Labour impose?
Failure to establish or communicate the policy and protocol may be sanctioned under Articles 485 and 486 of the Substantive Labour Code; Laws 1010 of 2006 and 2365 of 2024 and the SG-SST sanctioning regime may also apply, together with preventive measures during inspections.
Official sources
- Presidency of Colombia: Decree 1040 of 2026, official text (Spanish).
- Law 1010 of 2006, Law 2365 of 2024, Law 1257 of 2008, Law 248 of 1995, Law 2466 of 2025, Law 2528 of 2025, Decree 1072 of 2015, Resolution 2764 of 2022, Resolution 3461 of 2025 and Resolution 4179 of 2025.
- Sabentis: OHS regulations in Colombia and occupational safety in Colombia.
