ADEPOL CONTESTA MOTIVAÇÃO PARA RETORNO DE SERVIDORES

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Presidente da Associação dos Delegados de Polícia de Santa Catarina (Adepol), Ulisses Gabriel, envia um texto fazendo contraponto às informações publicadas do Blog, e também nas colunas em jornais de Santa Catarina assinadas pelos jornalistas Cláudio Prisco Paraíso e Fabian Lemos, sobre o retorno de mais de 100 servidores ao trabalho após a edição da MP 203/2015 no começo de Agosto. Para o delegado, a Medida Provisória teve pouca influência para motivar o retorno dos funcionários que estavam de licença. Confira a nota na íntegra:

Ulisses Gabriel Adepol

“Creio que informação repassada, referente ao retorno de cerca de 100 Policiais Civis, que estavam “licença médica ou afastados para tratar de assuntos particulares”, não seja totalmente correta, até porque os servidores da PCSC são extremamente comprometidos e as exceções, que são um número mínimo entre 3.200 Policiais, devem receber punição por eventuais atos ilegais que pratiquem.

Vou dividir a discussão em três tópicos para ficar mais compreensível a situação:

1)    LICENÇAS PRÊMIO OU ESPECIAL: Com relação às licenças prêmio e especial, salientamos que se trata de um direito do servidor e, via de regra, ela termina no final de cada mês. Dessa forma, resta claro que servidores retornarão às atividades no início de cada mês, o que implica dizer que quando da entrada em vigor da Medida Provisória, vários servidores retornaram às atividades. Além disso, outros voltaram para não perder a indenização, deixando de gozar um direito.

2)    LICENÇA PARA TRATAMENTO DE SAÚDE: com relação às licenças para tratamento de saúde, temos que levar em conta que várias decisões de afastamentos das juntas médicas podem ter expirado no início de agosto, razão pela qual, não em razão da MP, mas pelo término da licença é que colegas retornaram às atividades. Além disso, muitos retornaram às atividades mesmo com doenças que não permitiam o retorno, mas fizeram esforços para não perder o benefício, como o caso de um servidor de Tubarão, que teve um AVC e retornou, mesmo com requerimento de aposentadoria apresentado há meses (com mais de 40 anos de serviço prestados e com quase setenta anos de idade). Então, nem todos os que retornaram podem ser considerados “jogados nas cordas” . Temos um colega Delegado de Polícia Civil, que protocolou pedido de aposentadoria em fevereiro de 2015. Nesse ano teve três AVC’S e não tem condições de voltar para o trabalho. Seria interessante saber se algum servidor estava afastado para tratamento de saúde, por exemplo, há um ano, e voltou às atividades. Esse sim deveria ser punido, pois burlou a avaliação da Junta Médica do Estado, mesmo estando apto para o trabalho.

3)    LICENÇA PARA TRATAMENTO DE INTERESSE PARTICULAR: Com relação a essa licença, o servidor sequer recebe vencimento/subsídio/salário. Por consequência, não receberia a indenização.

Para que tenhas uma ideia, com relação a Medida Provisória, cito que no artigo 14 ela alterou a redação original do artigo 6º da Lei Complementar nº 609/13, passando a afirmar que  a indenização de caráter remuneratório passava a ser considerada como indenização e não seria mais paga no 13º, férias e terço de férias, bem como quando o servidor encontrar-se afastado de suas funções, em alguns deles mais que justo, como aqueles que estão presos. Vamos aos casos pontuais:

– nas licenças para tratamento de saúde;

– por motivo de doença em pessoa da família;

– para repouso à gestante;

– para serviço militar obrigatório;

– por mudança de domicílio; para tratar de interesses particulares;

– por licencia prêmio e especial;

– para afastar-se do exercício, com prazo certo de duração e sem perda de direitos, para a elaboração de trabalho relevante, técnico ou científico; para a realização de serviço, missão ou estudo, fora de sua sede funcional ou não; para freqüentar curso de pós graduação; para de conclaves considerados de interesse, com ou sem a incumbência de representação; e para representar o Município, o Estado ou o País em competições desportivas oficiais;

– para o servidor público estadual da administração direta, autarquias e fundações, é facultado afastar-se do exercício das funções do seu cargo quando seu requerimento de aposentadoria não tiver despacho conclusivo no prazo de 30 (trinta) dias contados da data do protocolo no Instituto de Previdência do Estado de Santa Catarina – IPREV;

– afastado no exercício de mandato eletivo;

– afastado no exercício de mandato classista;

– à disposição no âmbito estadual;

– preso em flagrante delito;

– preso ou afastado por decisão judicial.

Respeitosamente.

Ulisses Gabriel
Presidente da ADEPOL/SC”

Fonte: Blog do Prisco

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