This regulation expressly repealed Resolutions 652 and 1356 of 2012, responding to the need to clarify the mechanisms for prevention, response, and follow-up of workplace harassment complaints.
The resolution entered into force upon its publication and imposes an immediate obligation on employers, public and private entities, as well as Occupational Risk Administrators (ARLs), to adjust their committees in accordance with the new provisions.
Key Changes Introduced:
Topic | Before (Resolutions 652 and 1356 of 2012) | Now (Resolution 3461 of 2025) |
Scope of application | - Applied to dependent workers hired under employment contracts in public and private companies.
| - Expanded to include employers, dependent and independent workers, contractors, interns, and ARLs in their respective roles.
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Committee Competence | - No provisions regarding the handling of harassment cases involving temporary workers (Temporary Services Companies – EST).
- No specific mention of sexual harassment cases, which were assumed to be handled by the Committee.
| - Harassment cases involving temporary workers must be handled initially by the user company, with participation of at least one member of the EST’s Committee.
- Explicitly states that the Committee is not competent to handle sexual harassment complaints, as these are non-conciliable matters.
|
Committee Composition | - General rules based on number of workers: only two criteria (less than 20 workers and 20 or more workers).
- All members required to have alternates
- Only one Committee per company was mandatory; Committees per worksite were optional.
| - More specific criteria based on workforce size:
- Less than 5 workers: 1 representative per party, no alternates.
- 5 to 20 workers: 1 representative per party, with alternates.
- More than 20 workers: 2 representatives per party, with alternates.
- Companies with multiple worksites must have a central committee and additional committees at each location.
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Member Requirements | - Those who have been victims of workplace harassment or have a history of complaints against them in the six months prior to the committee's formation are not eligible to join the committee.
| - Those who have been victims of workplace harassment or have a history of complaints against them in the year prior to the committee's formation are not eligible to join the committee.
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Term Duration | - No rules regarding changes in the number of committee members; subject to internal company practices.
| - Alternates may replace primary members without a new election.
- Changes in workforce size do not require reconfiguration of the Committee before the end of its term.
- Upon completion of the Committee’s two-year term, all documentation must be handed over to the new Committee for continued custody.
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Regular and Extraordinary Meetings | - Regular meetings every 3 months.
- Extraordinary meetings convened when urgent cases arise, by any member.
| - Regular meetings must be held monthly.
- Extraordinary meetings must be convened upon receipt of a workplace harassment complaint, by the Committee’s secretary.
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Internal Regulations | - General guidelines; no express requirement for internal regulations or confidentiality agreements.
| - Each Committee must issue internal regulations governing its operations.
- Regulations must include confidentiality agreements and specific protocols to protect sensitive information during and after complaint proceedings.
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Complaint Procedure | - General stages without defined timelines.
| - Defined phases with specific deadlines, including: complaint receipt, information review, hearing of parties, dialogue, commitments, and follow-up. The preventive procedure must be completed within 65 calendar days from the filing of the complaint.
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Committee Functions | - Promote workplace harmony and recommend general measures.
| - Assumes preventive, advisory, and monitoring roles; quarterly and annual reports must be submitted.
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Employer and ARL Responsibilities | - General obligations regarding psychosocial risk prevention.
| - Employers must adopt explicit anti-harassment policies, ensure training, awareness, and emotional support. ARLs must provide technical assistance, support, and submit monthly reports to the employer and the Ministry of Labor.
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Sanctions | - Non-compliance was subject to general labor regulations, without specific references.
| - Non-compliance with Resolution 3461 is subject to sanctions under Decree 1295 of 1994, Law 1562 of 2012, and Decree 1072 of 2015, through actions by the Territorial Directorates of the Ministry of Labor.
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In conclusion, Resolution 3461 of 2025 not only updates the previous regulations, but also establishes a higher standard for preventive management in matters of workplace coexistence. The emphasis on the ethical suitability of committee members, the establishment of strict timelines, and the expansion of its scope reflect a comprehensive approach to protection.
For organizations, the challenge goes beyond merely forming the Committee; it involves integrating it as a genuine mechanism for managing psychosocial risks, aligned with the Occupational Safety and Health Management System (SG-SST). Moreover, the requirement for periodic reports and the active involvement of ARLs imply a greater level of institutional oversight and monitoring by the Ministry of Labor.
Consequently, rather than a formal requirement, the proper implementation of Resolution 3461 of 2025 should be viewed as an opportunity to strengthen organizational culture, prevent harassment, and improve the workplace environment, thereby reducing legal and reputational risks for employers. In this context, Forvis Mazars offers its expertise to support companies in the practical implementation of the regulation, providing guidance in updating committees, internal regulations, and psychosocial risk prevention programs.
