OFWs Call For The Abolition of GAMCA Decking System

For years, overseas Filipino workers (OFWs) who wish to work in Saudi Arabia, United Arab Emirates, Kuwait, Bahrain, Oman at Qatar - countries included in the Gulf Cooperating Countries (GCC) have to undergo a medical examination only by the clinics that are part of GCC Approved Medical Centers Association or GAMCA. Apparently some OFWs are not so happy with the monopoly of the said group in facilitating the medical requirements of OFWs to work abroad.

The GAMCA is an exclusive organization of medical clinics and some OFWs are calling for the elimination of this group because workers and the agencies is strip of the right to choose the medical clinic to go to for an examination. The said petition is spearheaded by Philippine Association of Service Exporters Inc. (PASEI) a large group of POEA-registered overseas recruitment agencies.

Apparently the GAMCA is able to do this because of their strong connection to the embassies of GCC countries. So even if a worker is well qualified and okay with the rest of the requirements, the  medical certificate will not be assume as valid if it is not stamped with the seal of approval from GAMCA. Even if the clinic charges excessive fees or located in a very far place, the OFWs and the agencies have no choice but to go there for a medical certificate. The medical certificate is an important and required document for one to be given a working visa.

To stop the GAMCA Referral Decking System, an online signature campaign is created. To support this petition, one can simply leave his signature by signing up at this website:

http://www.ipetitions.com/petition/fightgamca/

All are also encouraged to forward this to all OFWs and relatives of OFWs. They are also hoping that even OFWs who are not employed in the Middle East can also help them make this petition a success.

The GAMCA Referral Decking System has been the trend for nine years now and the call to abolish it is not happening for the first time. Past secretaries of the Department of Health (DOH) demanded the elimination of this system but obviously the request was ignored.

The GAMCA Decking system must have been put to an end with the signing of the Department Memorandum No. 2008-2010 in September 26, 2008. However, until now, the GMACA system is still operational.

The position of PASEI in this issue is clearly listed below:

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• PASEI does not oppose the formation of GAMCA as an association as an inviolable right of persons or entities to form associations.

·         PASEI commits to send workers for medical examination to medical clinics accredited by the GCC host countries.

·         However, agencies must be given the freedom to choose the clinic where they want to send their workers for medical examinations and not be subjected to a system of equal distribution or decking system as it remove the right to choose or freedom of choice.

·         This is UNFAIR since only GCC-accredited clinics will be used to examine the workers. After all, since all of them passed GCC-accrediting standards there is no problem as to which ever medical clinic we use IF they are each equally trustworthy.

·         The GAMCA medical referral decking system overlooks the disparity, inequality and different level of capability of the medical clinics. Some clinics maintain facilities that are inferior in comparison with the others which are BETTER.

·         PASEI wants only to send workers for medical to the BEST available clinics from among those recommended and accredited by the GCC states.

The decking system violates:

·         The non-impairment of contract and obligations clause of the Philippine Constitution.

·         Article 186 of the Revised Penal Code of the Philippines which prohibits monopolies ad combinations in restraint of trade.

·         Administrative No. 167, series of 2004 and Department Memorandum No. 2008-0210 of the Department of Health.

·         This scheme is disadvantageous to the Saudi Employers in general as their workers will not be examined by the best medical clinics before the deployment because we were deprived the chance to refer them to the best clinic amongst them.

·         Because some GAMCA accredited medical clinics have low quality medical services, workers may be found unfit when they are re-examined in KSA prior to the issuance of the iqama.

·         The alleged forgery of medical examination is committed by the medical clinics themselves and NOT by the agencies.

·         The grant of rebates is a practice introduced by the medical clinics, NOT by the recruitment agencies. Once “rebates” or patronage discount is eliminated, the cost of medical examination should be reduced.

·         The decking scheme is all about income and profit and not about giving the BEST MEDICAL EXAMINATIONS. Once the agencies get to select the best medical clinic from among those accredited by your country, the workers arriving to the Saudi employers will truly be medically fit workers as examined by the best medical examining clinics.