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AÇÃO DO APH: Sindicato consegue mais uma vitória!

544
By on Informe Jurídico

Filiados(as) que fizeram APH nos últimos cinco anos receberão reembolso do desconto indevido da previdência sobre o adicional

Na última quarta-feira, 7 de outubro, o Sinditest-PR conseguiu decisão judicial favorável ao ressarcimento dos valores descontados indevidamente sobre o Adicional de Plantão Hospitalar (APH).

O Sindicato ingressou com a Ação Coletiva em novembro de 2014, abrangendo, na ocasião, cerca de 600 filiados(as), que entregaram procuração e documentos solicitados à nossa Assessoria Jurídica.

Os Adicionais de Plantão Hospitalar não têm natureza salarial, não podendo, portanto, ser objeto de desconto para a previdência (seguridade social). Mesmo assim, a UFPR praticou tais descontos ilegais, na folha dos servidores, ao longo dos anos.

Agora, a Justiça Federal condenou a União (a UFPR pediu para sair do pólo passivo da ação) a suspender o desconto ilegal e a ressarcir os trabalhadores, nos seguintes termos:

a) Determinar que a ré exclua da base de cálculo do PSS dos filiados do Sindicato autor o Adicional de Plantão Hospitalar APH; 

b) Condenar a ré a restituir aos filiados do Sindicato autor os valores indevidamente descontados e decorrentes da inclusão do APH na base de cálculo da contribuição previdenciária devida pelos servidores substituídos (PSS) o que deverá ser realizado por meio de ação autônoma de execução de título judicial; 

c) Fixar o INPC como índice de correção monetária e aplicação de juro moratórios de 6% ao ano, contados da citação, sobre as quantias devidas em decorrência da condenação imposta no item `b`, de forma capitalizada, nos termos da fundamentação.

Confira aqui a decisão.

Quanto cada trabalhador vai receber?

Isso depende do valor do APH, de quantos plantões o trabalhador fez nos últimos cinco anos, e também da correção monetária e dos juros que incidirão sobre o montante devido. Você pode estimar o valor (sem os juros, correção, honorários) calculando 11% sobre o total que recebeu na forma de APH nos últimos cinco anos.

Em regime de urgência!

Trabalhadores filiados ao sindicato que fizeram APH nos últimos 5 (cinco) anos e que não entregaram os documentos solicitados à época devem procurar a Assessoria Jurídica do Sinditest-PR imediatamente.

A Gestão Sindicato é pra Lutar! parabeniza a Assessoria Jurídica do Sinditest-PR por mais essa conquista! 

A Diretoria

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