Acórdão nº 1859/20.0T8CBR.C1 de Tribunal da Relação de Coimbra, 18 de Dezembro de 2020
Magistrado Responsável: | PAULA MARIA ROBERTO |
Data da Resolução: | 18 de Dezembro de 2020 |
Emissor: | Tribunal da Relação de Coimbra |
Acordam[1] na Secção Social (6ª secção) do Tribunal da Relação de Coimbra: I - Relatório Herança aberta por óbito de A... e herdeiros, representados pela cabeça de casal O...
, residente em ..., intentaram a presente ação de processo comum contra I..., SA, com sede em ...
alegando, além do mais, que: “ 44º O A. é a Herança aberta por óbito de A..., falecido em 19.01.2020, o qual se encontrava inscrito no Sindicato dos Trabalhadores de Transportes Rodoviários e Urbanos de Portugal e é patrocinado a titulo gratuito pelo contencioso do Sindicato onde se encontra inscrita (Cfr. Declaração sindical junta).
45º Na presente data o A. aufere um rendimento ilíquido não superior a 200 UC, pelo que beneficia da isenção subjectiva de custas prevista na alínea h) do n.º1 do art.º4.º do RCP o que desde já se invoca para todos os devidos e legais efeitos (Cfr. declaração de rendimentos do ano de 2018)”.
Termina pedindo que: “NESTES TERMOS DEVE A PRESENTE ACÇÃO SER JULGADA PROVADA E PROCEDENTE E, CONSEQUENTEMENTE:
-
A R.
ser condenada a pagar ao A.
a importância de €418,42 a título de crédito de formação profissional não ministrada nem paga; B) A R.
ser condenada a pagar ao A.
a importância de €11.583,16 a título de diferenças no acréscimo remuneratório por trabalho nocturno e suplementar prestado entre Janeiro 2012 e Outubro 2018; C) A R.
ser condenada a pagar ao A.
a importância que se vier a apurar em liquidação/execução sentença a título de descanso compensatório não gozado nem pago por trabalho suplementar prestado correspondente a 25% das horas de trabalho suplementar prestado; D) A R.
ser condenada a pagar ao A.
a importância de pelo menos €4.073,10 nas retribuições de férias e subsidio de férias dos anos de 2005 a 2018, a título de média das importâncias liquidadas mensalmente nesse mesmo período sob a rubrica “Horas extra (150%)” para pagamento de trabalho suplementar; E) A Ré ser condenada a pagar ao A., juros à taxa legal sobre as quantias peticionadas, desde a data do respectivo vencimento e até efectivo e integral pagamento.” * De seguida foi proferido o despacho de fls. 57 e v.º com o seguinte teor: “Da alegada isenção de Custas: Nos termos melhor constantes dos artigos 45º e 46º da petição inicial, que se dão por integralmente reproduzidos, alegam os Autores estar isentos de custas nos termos do artigo 4º, nº1, alínea h) do RCP.
Como já referimos, em 9/6/20 - vd. ATA - os autores nos presentes autos, e como decorre da p.i., são a Herança Aberta por Óbito de A... e Herdeiros, sendo estes, O..., S... e P..., a primeira das quais é a cabeça de casal da, também Autora, Herança aberta por óbito de A...
O trabalhador sindicalizado, e que poderia beneficiar da alegada isenção de custas, faleceu, sendo que a qualidade de sócio do sindicato, é, segundo cremos e com o devido respeito, por opinião contraria, pessoal e intransmissível.
Para se...
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