What is it and what is its framework?
The Workplace Harassment Committee is part of Colombia’s measures for preventing workplace harassment. Resolution 3461 of 2025 replaced Resolutions 652 and 1356 of 2012. Therefore, internal regulations and procedures must be reviewed using the updated text, avoiding the automatic retention of the structure, frequency, or procedures of older documents.
The committee’s regulations should be read in conjunction with the framework for protection against violence and discrimination, including Decree 1040 of 2026, which added provisions to Decree 1072 of 2015. Having a committee does not exhaust the employer’s obligations for prevention, care, and protection, nor does it replace the powers of administrative or judicial authorities.
Structure and operation
The committee includes representatives of both the employer and the workers, with composition rules based on size and organization. The employer appoints their representatives, and the workers elect theirs by secret ballot and public count. The resolution also addresses workplaces and coordination for temporary workers from temporary employment agencies.
The term is two years, and there must be operating regulations with safeguards in place. The composition should be verified directly in Article 3, including its assumptions and eligibility requirements. It is not advisable to replace this review with an outdated table or to resolve borderline staffing situations through automatic interpretation without regulatory verification.
Preventive function and limits
Its role is preventive, advisory, conciliatory, and a facilitator within the matters it can handle. The committee does not legally determine whether workplace harassment occurred, nor does it impose sanctions for such harassment. It listens, examines cases confidentially, promotes compromises when appropriate, and formulates recommendations, following established procedures and deadlines.
It should be distinguished from the Joint Occupational Health and Safety Committee (COPASST), whose role involves general participation and oversight in occupational health and safety. Both can contribute to improving working conditions, but they are not interchangeable. Nor should workplace conflicts always be reduced to personal disagreements: they can reveal organizational factors that require intervention regarding workload, leadership, communication, or power dynamics.
Processing and monitoring
Resolution 3461 establishes stages for receiving, examining, listening to, and finding solutions, with specific timeframes. The preventive procedure cannot exceed sixty-five calendar days from the formal receipt of the complaint, subject to the follow-up provisions of the regulation itself. This maximum does not authorize postponing actions with shorter timeframes.
When an agreement cannot be reached, the behavior persists, or recommendations are ignored, the response varies between the public and private sectors according to the resolution. Internal regulations must clearly define responsibilities, communication channels, and available external avenues. Document management must record sufficient actions to demonstrate due diligence without unnecessarily disseminating personal accounts or information.
Sexual harassment and gender-based violence
Sexual harassment is not a matter that can be resolved through conciliation by the committee. Resolution 3461 refers to procedures for receiving, addressing, preventing, and protecting victims, which are the responsibility of the organization. Decree 1040 of 2026 strengthens safeguards against gender-based violence, including the right to non-confrontation and non-conciliation in the cases it regulates.
Therefore, a person should not be forced to meet with the alleged aggressor as a condition for receiving protection. The protocol against harassment must clearly define procedures and responsibilities. Activating protective measures is not the same as imposing a sanction: these are actions with different objectives that must respect rights, confidentiality, and due process.
Practical example
In a hypothetical example, a female employee reports repeated humiliating behavior during meetings. The receiving channel records the information confidentially, identifies the appropriate channel, and assesses immediate protection needs. If the matter falls under the committee’s jurisdiction, the established procedure is activated, including its stages and deadlines, without disclosing the file to the rest of the company.
The review also revealed supervisory practices affecting the entire team. The organization is studying measures to address this psychosocial risk without disclosing details of the case. Should incidents of a sexual nature or gender-based violence come to light, the specific protocol and its safeguards would be applied, avoiding treating any situation as a dispute that can be resolved through mediation.
Confidentiality and resources
Complaint information requires limited access, custody, and transfer rules when the committee is renewed. Confidentiality must also be maintained after closure. Management reports can show trends and recommendations without exposing identities or details that would allow for the reconstruction of specific cases, especially in small teams or situations known to third parties.
The employer must provide resources and training so that the committee can fulfill its functions. Its members need to understand the limits of their authority, practice respectful listening, document proper procedures, and prevent revictimization. Good intentions do not replace preparation, nor do they allow for improvised investigations that should be conducted by other bodies or professionals depending on the nature of the events.
How to evaluate its usefulness
The committee’s effectiveness is evident in the accessibility of the communication channel, its diligence, discretion, and follow-up on recommendations. A low number of complaints does not, in itself, demonstrate a healthy environment; it can also reflect a lack of awareness or fear of retaliation. It is important to assess whether people are familiar with the procedures and trust that they will be treated with respect.
The most serious errors include maintaining repealed rules, confusing prevention with punishment, demanding conciliation where it is not appropriate, and closing cases without follow-up. The organization needs a coherent system of coexistence and protection, connected to the Occupational Health and Safety Management System (OHSMS) and external channels, that addresses problems without shifting the burden of resolving them onto the affected individual.
