I'm a regular employee of an American Bank based here in the Philippines. Actually a back office of the bank. I was diagnosed of Meneare's disease by an ENT doctor during the course of my work with the said bank and because of this illness, my ENT doctor requested my employer if i can be transferred to a non-voice account to refrain me from using headset/headphone or any similar device in order not to aggrevate my condition. My employer agreed and decided to transfer me to a non-voice department. But along the transfer process, according to my employer that I still need to undergo an application process same as a new applicant. I need to undergo series of interviews. At first, I was in a confusion whether to agree or not because I need to tell the interviewer the truth or reason of my transfer which might result to declining of my application. I mean, who would hire someone who has such illness. Nevertheless, I agreed hoping that it would end the days of me not being paid for the days I did not go to work because I already consumed all of my leaves SL/VL. And my fear of my applications being declined happened. All of my applications were declined. It has been 4 months of struggle and until now, they have not reinstated/transferred me. I talked to one of the representatives from NLRC by phone and I was told that an employer has 6 months grace period to transfer/reinstate an employee. After 6 months, if no reinstatement/transfer shall be done in my part, according to NLRC, I can file a complaint against my employer.
Now, I have a few questions to ask....
1) Is it gonna be CONSTRUCTIVE DISMISSAL, ILLEGAL DISMISSAL or DISCRIMINATION?
2) Can I ask them for monetary compensation even if it's only my 4th month or do I need to wait for the 6th months grace period?
3) Is my status right now considered FLOATING STATUS?