Acórdão nº 4156/15.0T8BRG.G1 de Tribunal da Relação de Guimarães, 02 de Fevereiro de 2017
Magistrado Responsável: | VERA SOTTOMAYOR |
Data da Resolução: | 02 de Fevereiro de 2017 |
Emissor: | Tribunal da Relação de Guimarães |
Acordam na Secção Social da Relação de Guimarães APELANTE: AA APELADA: BB, S.A.
I – RELATÓRIO AA, casado, funcionário dos BB/S.A., residente na Rua das Roscinhas, n.º … Este, S. Pedro, Braga, intentou acção declarativa comum, emergente de contrato individual de trabalho, contra BB S.A., com sede na Av. D. João II, Lt. 01.12.03, 12º Andar, em Lisboa, pedindo a condenação da Ré no pagamento da quantia global de €12.336,84, correspondente às diferenças salariais entre aquilo que recebeu e o que lhe deveria ter sido pago a título de retribuição de férias, subsídios de férias, natal no período de 2000 a 2013, acrescida dos juros de mora vencidos, desde o vencimento de cada uma das prestações, calculadas às respectivas taxas legais e dos juros vincendos até efectivo e integral pagamento, das diferenças salariais apuradas.
Tal como consta da sentença recorrida, alegou, em síntese e com interesse que, estando ao serviço da Ré, como carteiro, desde 1998, esta não lhe pagou na íntegra a média do trabalho extraordinário, trabalho nocturno, compensação por horário incómodo, compensação especial de distribuição nos pagamentos que lhe fez das férias, subsídio de férias e de Natal, desde 2000 até 2013.
Reclama, por isso, o pagamento dos valores das rubricas em causa, acrescidos de juros de mora das quantias em dívida desde o respectivo vencimento até integral pagamento.
Os autos prosseguiram a sua normal tramitação, tendo vindo as partes a declarar estar de acordo quanto aos factos que fizeram consignar, prescindiram de produção de prova e de alegações orais sobre a matéria de facto e de direito.
Seguidamente, pelo Mmº Juiz a quo foi proferida sentença em cujo dispositivo fez constar o seguinte: “Em face do exposto, julgo a acção parcialmente procedente, por parcialmente provada, e, consequentemente: a) condeno a Ré a pagar ao A. o montante global de 2.144,35 €; b) absolvo a Ré do restante peticionado.
Custas a cargo do autor e Ré, na proporção do respectivo decaimento.
Registe e notifique.” Inconformada com esta sentença, dela veio o Autor interpor recurso para este Tribunal da Relação, apresentando alegações que termina mediante a formulação das seguintes conclusões: “1- No caso em apreço, ficou provado de que de 2000 a 2013, o A. auferiu, em diversos meses, quantias variáveis a título de trabalho suplementar, por trabalho nocturno, compensação horário incómodo, compensação especial de distribuição, abono de viagem, subsídio de condução.
2- Todas estas...
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