New guidelines for Workplace Coexistence Committees

24 September 2025 6 min read

At a glance

New guidelines for the establishment and operation of the Workplace Coexistence Committees (Committee) have been introduced by Resolution 3461 of 2025 (Resolution).
The Committees are composed of employee and employer representatives, with the number of members varying based on company size.
Committees must be established at both central and worksite levels for companies with multiple worksites, with a term of two years.
The process for handling workplace harassment complaints includes specific timeframes for receiving, reviewing, and resolving complaints, with a maximum duration of 65 calendar days.
Employers must adopt preventive and corrective measures to promote a positive work environment, including training, awareness activities, and providing confidential complaint channels.
Sexual harassment cases are not handled by the Committee and must be referred directly to senior management or Human Resources.

This article has been reproduced with the permission of Diana Zuleta Martínez at Martinez, our partnered firm in Colombia.

New guidelines for the establishment and operation of the Committee have been introduced by the Resolution.

Committee composition

Companies with fewer than five employees: The Committee must be composed of one employee representative and one employer representative.
Companies with more than five but fewer than 20 employees: The Committee must be composed of one employee representative and one employer representative, with their relevant alternates.
Companies with more than 20 employees: The Committee must be composed of four members, two employee representatives and two employer representatives, with their respective alternates.

Committee formation

Companies with multiple worksites: Where there are two or more workplaces, both a central Committee and one Committee per worksite must be established.
The Committee’s term: the Committee’s term must be two years from its formation. If a principal representative withdraws, the designated alternate must assume the role without the need for new elections. The Committee’s composition needs not be adjusted until the end of the term, even if the Company’s workforce changes.
Election: employee representatives must be elected by secret ballot, with a public vote count.
Committee members qualifications: Committee members should demonstrate behavioral and attitudinal skills such as respect, impartiality, tolerance, composure, confidentiality, discretion in handling information, ethics, assertive communication, leadership, and conflict resolution.
Exclusion: Employees who have filed or been the subject of a workplace harassment complaint within the year prior to the Committee’s formation may not serve as members.
Temporary Services Agencies: When complaints of alleged workplace harassment are filed by employees of temporary services agencies, the user company must handle the complaint, as it is the place where the employees perform their duties and where the employment relationship materializes. In such cases, the Committee must be activated with the participation of at least one representative of the temporary services agency, ensuring effective coordination between the user company and the agency. This coordination does not imply a transfer of employer-specific responsibilities.
Bylaws: The Committee must adopt operating bylaws, including conditions for its operation, confidentiality agreements, and specific mechanisms and protocols to ensure the confidential handling of sensitive information, both during the processing of cases and after their closure.

Meeting

Regular meetings: The Committee must meet monthly to carry out administrative activities such as preparing reports, monitoring compliance with commitments made by the parties, and issuing recommendations to the Human Talent and Occupational Health and Safety areas. Meetings will be valid with the attendance of a majority of members.
Extraordinary meetings: The Committee must meet on an extraordinary basis whenever a workplace harassment complaint is received, in order to conduct the preventive resolution procedure. Extraordinary meetings will be convened by the Technical Secretariat.

Procedures and deadlines

Procedure	Timeframes
Receive and register complaints alleging workplace harassment.	Within three calendar days of receipt of the complaint.
Confidentially review the complaint to determine whether it may constitute workplace harassment.	Five calendar days plus an extension of ten days with prior written justification (maximum term of 15 calendar days).
Individually hear the parties involved regarding the facts giving rise to the complaint.	Five calendar days.
Hold meetings to (1) create a dialogue space between the parties and foster mutual commitments for effective resolution, and (2) develop a joint improvement plan to promote workplace coexistence.	Five calendar days plus an extension of ten days with prior written justification (maximum term of 15 calendar days).
Monitor compliance with commitments.	Monthly.
Where (1) no agreement is reached, (2) recommendations are not followed, or (3) conduct persists, the Committee must refer the matter to senior management, close the case, and the employee may file a complaint with the labor inspector or the courts.	15 calendar days once non-compliance has been verified.
Submit recommendations to senior management, with a copy provided to the employee.	15 calendar days once non-compliance has been verified.
Submit recommendations to senior management, with a copy provided to the employee.	Between five and ten calendar days.
Monitor compliance with recommendations issued by the Committee.	Monthly.
Prepare quarterly and annual reports on the Committee’s management (including complaint statistics, case follow-up, and recommendations).	Quarterly / annually.
Submit the annual management report to senior management and to the relevant oversight authorities.	Annually.

The entire procedure cannot exceed 65 calendar days from the date the formal complaint is received.

Principles of the procedure

Expediency: Proceedings must be carried out promptly, avoiding unnecessary delays.
Effectiveness: Actions must effectively promote resolution and prevent recurrence.
Impartiality: Proceedings must be impartial, ensuring fair treatment of all parties.
Confidentiality: Information must be handled with strict confidentiality to protect employees’ privacy.
Non-discrimination: All individuals must be treated with respect and without discrimination.

Sexual harassment

In accordance with Law 2365 of 2024, sexual harassment cases do not fall under the Committee’s competence, as sexual harassment is not subject to conciliation. A sexual harassment complaint must be referred directly to senior management or the Human Resources department.

Responsibilities to promote an excellent workplace coexistence environment

Preventive measures

Employers must:

Adopt a workplace harassment prevention policy reflecting the Company’s commitment to fostering a positive work environment.
Provide training in conflict resolution, non-discrimination, assertive communication, and psychological first aid.
Train Committee members and support brigades in psychological first aid.
Develop coexistence manuals identifying unacceptable behaviors.
Implement preventive measures with a gender-sensitive approach.
Conduct awareness activities on workplace harassment and its consequences.
Monitor workplace harassment risk periodically.
Establish the Committee and implement a confidential, conciliatory, and effective internal procedure to prevent workplace harassment.
Provide confidential complaint channels that ensure respect for employees.
Publicize complaint procedures and channels clearly.

Corrective measures

Employers must:

Implement measures to control psychosocial risk factors.
Promote employee participation in strategies addressing risk factors.
Transfer employees to another area when recommended by the occupational physician, Health Entity, treating physicians, or the Committee, ensuring adequate conditions.
Provide in-person or remote assistance channels (telephone, chat, etc) for crisis intervention.
Share care pathways for mental health needs.
Implement the Committee’s recommendations for preventive and corrective measures.

Occupational Risk Administrators (ORAs)

ORAs must:

Provide technical guidance to affiliated companies for the development of preventive and corrective measures against workplace harassment.
Develop actions to promote mental health, disseminate reporting channels, and facilitate referral to employee support services.
Develop actions to prevent workplace violence and harassment from a gender perspective.
Provide remote emotional support through active listening and psychological counseling strategies in crisis situations.
Provide guidance and training to Committee members for the development and strengthening of behavioral and attitudinal competencies such as respect, impartiality, tolerance, calmness, confidentiality, discretion in handling information, ethics, assertive communication skills, leadership, and conflict resolution.
Train, together with the employer, the emergency brigade, the Parity Committee for Occupational Health and Safety, occupational health and safety management system leaders, and the Committee to provide psychological first aid to employees in crisis situations.

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