economically active population to 0.75%. It also sets foreign labour quotas for other sectors of the economy in 2009 at 0.75% of the total economically active population.436 A stateless person on Kazakh territory who has a Stateless Person’s Certificate, is entitled to conclude a contract for employment in the mainstream economy, as is a foreigner with a permanent residence permit.437 Employment contracts that migrant labourers, including stateless migrants, draw up outside the quota system are invalid.438 Employment contracts drawn up within the quota system are legal, but in their present form may leave migrant labourers and stateless persons vulnerable to bad working conditions, according to a study carried out by the International Federation for Human Rights in Kazakhstan and Kyrgyzstan in July 2009.439 This is because the work permit system is an arrangement between the state authorities and employers. Migrant employees are not given a copy of their permit to work, and the study finds they are dependent on their employer and may not be able to seek work elsewhere if they suffer abuse. 6.4 Social security and just and favourable conditions of work In all four States, stateless persons and other foreigners with a permanent residence permit are entitled to pensions and social security payments on the same footing as citizens.440 Each State makes two sorts of payment available to eligible individuals: a professional pension to insure against loss of earning capacity and a social pension that benefits specified categories of needy people. Temporary residents are also entitled to these benefits in Kyrgyzstan and Tajikistan, in accordance with a procedure established by law.441 All four States pay professional pensions to people who have contributed compulsory national insurance contributions through their place of work. Employers channel the contributions to a Pension Fund from which beneficiaries can claim a pension when their earning capacity is diminished – most notably when they retire but also if they suffer unemployment; industrial injury, the death of a breadwinner, child-birth or spend time caring for a very young child. The system operates through the formal employment sector of each country and is therefore generally not accessible to people outside it, such as undocumented stateless persons. In 1998, Kazakhstan part-privatised its professional pension scheme and opened mandatory individual pension accounts for employees of all ages.442 In 2009, Kyrgyzstan also switched to a system of individual pension accounts443 and a similar switch-over in Turkmenistan should be complete by 2012.444 Monthly insurance contributions towards professional pensions remain universal and compulsory in each State. Tajikistan has retained the previous professional pension scheme administered by the State on a ‘Pay As You Earn’ (PAYE) basis. In June 2003, Kazakhstan raised professional pensions across the board by 23% and in June 2005 introduced a so-called ‘demogrant’– or ‘citizen’s pension’ – worth around 40% of subsistence income. 436 Article 15(5), 2007 Labour Code of Kazakhstan. Ibid, Article 31(2). 438 Ibid, Article 61(3). 439 International Federation for Human Rights, Kazakhstan/Kyrgyzstan: Exploitation of Migrant Workers, Protection Denied to Asylum-Seekers and Refugees, press release, 22 July 2009, available at http://www.fidh.org/IMG/pdf/kgkaz2207a.pdf. 440 Article 8, 1995 Law No 2337 ‘On the Legal Status of Foreigners’ in Kazakhstan; Article 10, 1997 Law No 500 ‘On the Legal Status of Foreigners’ in Tajikistan, as amended in 2009; Article 10, 1993 Law No 1296-XII ‘On the Legal Status of Foreigners’ in Kyrgyzstan; Article 10, 1993 Law ‘On the Legal Status of Foreigners’ in Turkmenistan, as amended in 2011. 441 Article 10, 1996 Law No 230 ‘On Legal Status of Foreigners’ in Tajikistan, updated in 2009; Article 10, 1993 Law No 1296-XII ‘On the Legal Status of Foreigners’ in Kyrgyzstan. 442 The 1998 Pension Law of Kazakhstan, as amended seven times to 2005. The self-employed, including foreigners and stateless persons “permanently resident on Kazakh territory and engaged in work that brings wealth to Kazakhstan”, are included in the obligatory national insurance and professional pension scheme, according to Article 8. 443 Article 9, 2009 Law No 217 ‘On National Social Welfare’ of Kyrgyzstan. Article 5(3) says that “Stateless persons and foreigners are eligible for state social insurance on an equal footing with citizens, on conditions foreseen by current law and Kyrgyzstan’s international treaties”. 444 Article 187, 2007 Social Security Code of Turkmenistan. 437 ~ 67 ~