License and removal from public servants are two measures that can be taken. Each one has different reasons and needs, since the license comes from the public servant’s own interest, while the removal comes from the initiative of the Public Power.
Find out here the criteria to be respected when requesting a license or removal from a public servant.
What this article covers:
License and removal of public servants according to the Law
According to the terms established in the Law No. 8.112/90it provides for the legal regime of civil servants of the Union, autarchies and federal public foundations, which presents their duties to be fulfilled as a federal public servant, as well as their guaranteed rights as a federal public servant, which are included the licenses and removals that can be made depending on the case of the federal public servant in question.
What are the criteria for applying for a public service license?
Before requesting a license for a public service, the public servant must meet the list of criteria below:
- Within the terms established in article 83, the public servant is guaranteed the right to request leave in case of illness in a member of his family.
- Within the terms established in Article 84, public servants are guaranteed the right to request a leave of absence in the event of their spouse’s removal.
- Within the terms established in article 85, the public servant is guaranteed the right to request a leave of absence in case of military service.
- Within the terms established in article 86, public servants are guaranteed the right to request a license in case of political activity.
- Within the terms established in article 87, public servants are guaranteed the right to request a license in the event of a training process.
- Within the terms established in article 91, the public servant is guaranteed the right to request a license in case of treatment of interests of a particular nature.
- Within the terms established in Article 92, the public servant is guaranteed the right to request a leave of absence in the event of performance of a class mandate.
- Within the terms established in article 202, the public servant is guaranteed the right to request a leave of absence in case of health treatment.
- Within the terms established in article 207, public servants are guaranteed the right to request leave in the event of paternity leave, as is offered to pregnant women and adopters of children and adolescents.
- Within the terms established in article 211, public servants are guaranteed the right to request a leave of absence in the event of an accident at work.
Source/Reproduction: Original
The leave, as it is of personal interest, that is, of the public servant himself, does not guarantee remuneration.
What are the criteria for requesting removal from public service?
In order for the removal request to be made in the public service, the public servant must be included in one of the criteria listed below:
- Within the terms established in article 93, the public servant is guaranteed the right to request a license in the event of providing services to another body or another entity of a state or municipal nature.
- Within the terms established in Article 94, the public servant is guaranteed the right to request removal in case of exercising a type of elective mandate of a state or municipal nature.
- Within the terms established in article 95, the public servant is guaranteed the right to request removal in case of student performance in a country abroad.
- Within the terms established in Article 96-A, public servants are guaranteed the right to request leave in case of participation in a Stricto Sensu Graduate Program in Brazil.
The removal is in the interest of the public administration and, therefore, it is remunerated, that is, the public servant receives his payment even when he is away from his service.
See more news about workers’ leave and removal here, in Mundo das Tribos.
