A public servant is an official of the public administration , who has a working relationship with agencies that are part of the State.
He occupies a public office and provides services directly to the State or to one of the bodies that comprise it. These positions exist in all spheres of administration: federal, state and municipal.
Regardless of the sphere in which they work, public servants have their work rules governed by a statute.
Unlike employees of private companies, for example, they are not subject to the rules of the Consolidation of Labor Laws (CLT).
The rule for accessing these positions is through approval in a public contest.
Public servants: classification
Civil servants are part of the group of public agents , who are all people who exercise some type of public function. In addition to them, also part of this group are: public employees and temporary occupants of positions.
- Public employees: theyalso have a working relationship with the State. But, unlike what happens with the servers, the bond can be effective (by contest) or on commission. The law governing these positions is also different, public employees are under the protection of the CLT.
- Temporary agents: theyhave a temporary relationship with the public administration, that is, they are hired to fulfill a function only for a certain period. These agents are hired through the signing of an employment contract, in which they are defined, for example: job function, salary amount and duration of the contract.
Difference between public servant and public employee
Both public servants and public servants have job roles in the public administration. The difference between them is the way in which the hiring takes place and the employment relationship with the State.
The public servant, as a rule, is governed by a law, called a statute. For example: the rules on federal civil servants are defined in law No. 8,112 / 90 (Statute of the Federal Civil Servant).
Public employees, on the other hand, are governed by the rules of the CLT (Consolidation of Labor Laws), the country’s labor legislation.
Read more about the meaning of CLT .
Public servants and job stability
Public servants who were approved in a contest must undergo an evaluation of their performance after three years of services rendered. If approved, they acquire stability in the public service .
This stability means that they cannot be dismissed (lose their job) for any reason or at any time. But this also does not mean a guarantee that they will never lose the right to fill the vacancy.
When the servant is stable in office, he only loses his place in specific situations determined by law, such as in the case of committing a serious infraction.
The dismissal of the server, in cases like this, only happens after the completion of a disciplinary administrative process (PAD) , which will investigate the occurrence and apply a penalty, if the irregularity is proven.
In PAD, the following penalties may be applied:
- retirement annulment,
- availability cancellation,
- removal from office on commission.
Exoneration and dismissal
Exoneration and dismissal are two terms that mean the dismissal of a public administration employee . Although they have the same meaning, they must be used in different situations.
The dismissal is the shutdown happens unpunished. For example, when the server asks to leave the position or when the occupant of a commissioned position is dismissed.
On the contrary, dismissal is dismissal as a punishment for an act performed by the server. It occurs, for example, after an employee has committed an infraction.
For more details, read the meaning of Exoneration .
Public servant and trusted role
A public servant may temporarily occupy a role of trust. In the role, he may be in management, advisory or leadership positions.
The trust function is the choice of a public servant, already tendered, to occupy a different position or position than the one for which he was approved in the public exam.
Trust function and commissioned position
The trust function, although it has some similarities, should not be confused with the commissioned position .
In the commissioned position, a person may occupy a vacancy in the public administration temporarily, without having been approved in a competition.
In this case, hiring takes place through the signing of an employment contract, which must contain information such as: function to be performed, salary amount and estimated time for the duration of the work.
In addition, occupants of commissioned positions do not have stability in the public service, that is, they can be released from work at any time, according to the needs of the public administration.