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CONSTRUCTIVE DISMISSAL/DISCRIMINATION/FLOATING STATUS

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mere17


Arresto Menor
Hi,

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?

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attyLLL


moderator
1) illegal constructive dismissal
2) you can file now, it won't be over after 2 months
3) that depends on how the company looks at it


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mere17


Arresto Menor
Thank you for your help. Just a clarification with your answer for question #2, when you said that I can file now, are you referring to filing a complaint against my employer or is it filing for a monetary compensation? Where/To whom can I file the complaint or compensation? Thank you again for your help!!!

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attyLLL


moderator
sorry, i meant you can file a complaint now at NLRC for illegal constructive dismissal


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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mere17


Arresto Menor
thank you sir and more power to you.. God bless!!!

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mere17


Arresto Menor
sir, follow-up po.. after filing a complaint before NLRC... what's gonna happen after? will wait for your reply.. thank you ad God bless!!!

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attyLLL


moderator
there will be mediation, and if there is no settlement, position papers


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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mere17


Arresto Menor
thank you sir.. Very Happy

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