THE FREEDOM OF CONTRACT AND ADDITIONAL CONTRACTS OF THE PARTIES TO THE EMPLOYMENT RELATIONSHIP

The issue of freedom of contract in the individual labour law is discussed in this text taking into account the additional conctracts, concluded by the employer and the employee in addition to the primary contract (i.e. employment contract). The scope of freedom of contract which is construed in the relation to the additional contracts shows deviations from the basic model. The main difference is the recognition of the rule of numerus apertus (as opposed to numerus clausus rule) of additional conctracts. The specifity of additional contracts extends the freedom of parties of an employment relationship to form the content of that legal relationship. This, however, does not prejudge a question of a regulatory model of the above-mentioned freedom.

Regulatory Connections Between the Cyanobacterial Factor PipX and the Ribosome Assembly GTPase EngA

Cyanobacteria, phototrophic organisms performing oxygenic photosynthesis, must adapt their metabolic processes to important environmental challenges, like those imposed by the succession of days and nights. Not surprisingly, certain regulatory proteins are found exclusively in this phylum. One of these unique proteins, PipX, provides a mechanistic link between signals of carbon/nitrogen and of energy, transduced by the signaling protein PII, and the control of gene expression by the global nitrogen regulator NtcA. PII, required for cell survival unless PipX is inactivated or downregulated, functions by protein–protein interactions with transcriptional regulators, transporters, and enzymes. PipX also functions by protein–protein interactions, and previous studies suggested the existence of additional interacting partners or included it into a relatively robust six-node synteny network with proteins apparently unrelated to the nitrogen regulation system. To investigate additional functions of PipX while providing a proof of concept for the recently developed cyanobacterial linkage network, here we analyzed the physical and regulatory interactions between PipX and an intriguing component of the PipX synteny network, the essential ribosome assembly GTPase EngA. The results provide additional insights into the functions of cyanobacterial EngA and of PipX, showing that PipX interacts with the GD1 domain of EngA in a guanosine diphosphate-dependent manner and interferes with EngA functions in Synechococcus elongatus at a low temperature, an environmentally relevant context. Therefore, this work expands the PipX interaction network and establishes a possible connection between nitrogen regulation and the translation machinery. We discuss a regulatory model integrating previous information on PII–PipX with the results presented in this work.

The Citizen and the Automated State: Exploring the Implications of Algorithmic Decision-making in the New Zealand Public Sector

<p>Algorithms increasingly influence how the state treats its citizens. This thesis examines how the New Zealand public sector’s use of algorithms in decision-making brings benefits, but also invites risks of discrimination, bias, intrusion into privacy and unfair decision-making. This thesis’s central conclusion is that these risks require a new response. New Zealand currently has a patchwork of existing protections which provide some deterrent against poor algorithmic decision-making. The Privacy Act 1993, Official Information Act 1982, New Zealand Bill of Rights Act 1990, Human Rights Act 1993 and applicable administrative law principles can provide remedies and correct agencies’ poor behaviour in certain cases. But important gaps remain. This thesis examines these protections to show that they do not adequately stem cumulative and systemic harms, and suffer from important practical drawbacks. They do not provide the sound preventative framework that is needed; that is, one which ensures good public sector practice. This thesis proposes a new regulatory model for public sector use of algorithms. It argues that a key element of any effective regulatory response is the use of “algorithmic impact assessments”. These assessments would mitigate potential risks, and legitimise proportionate public sector use, of algorithms. It is also proposed that an independent regulator complements these assessments by issuing guidance, undertaking algorithm audits, and ensuring political accountability through annual reporting to Parliament. Agencies would have new obligations to disclose how and when algorithms are used in decision-making. Meanwhile, citizens would gain an enhanced right to reasons for algorithmic decisions affecting them and a right to human review. Together these measures would establish a model which would safeguard responsible and effective use of algorithms in New Zealand’s public sector.</p>

The Citizen and the Automated State: Exploring the Implications of Algorithmic Decision-making in the New Zealand Public Sector

<p>Algorithms increasingly influence how the state treats its citizens. This thesis examines how the New Zealand public sector’s use of algorithms in decision-making brings benefits, but also invites risks of discrimination, bias, intrusion into privacy and unfair decision-making. This thesis’s central conclusion is that these risks require a new response. New Zealand currently has a patchwork of existing protections which provide some deterrent against poor algorithmic decision-making. The Privacy Act 1993, Official Information Act 1982, New Zealand Bill of Rights Act 1990, Human Rights Act 1993 and applicable administrative law principles can provide remedies and correct agencies’ poor behaviour in certain cases. But important gaps remain. This thesis examines these protections to show that they do not adequately stem cumulative and systemic harms, and suffer from important practical drawbacks. They do not provide the sound preventative framework that is needed; that is, one which ensures good public sector practice. This thesis proposes a new regulatory model for public sector use of algorithms. It argues that a key element of any effective regulatory response is the use of “algorithmic impact assessments”. These assessments would mitigate potential risks, and legitimise proportionate public sector use, of algorithms. It is also proposed that an independent regulator complements these assessments by issuing guidance, undertaking algorithm audits, and ensuring political accountability through annual reporting to Parliament. Agencies would have new obligations to disclose how and when algorithms are used in decision-making. Meanwhile, citizens would gain an enhanced right to reasons for algorithmic decisions affecting them and a right to human review. Together these measures would establish a model which would safeguard responsible and effective use of algorithms in New Zealand’s public sector.</p>

Regulation Model of Corn Trade System Based on Farmer Protection

Farmers in the trade chain for agricultural commodities, including corn, are in the weakest position compared to other parties. As a result, the trading system often does not take sides or even tends to harm farmers from year to year. Therefore, state intervention is needed in the context of evaluation which will lead to the reformulation of regulations regarding the maize trade system. Farmers are certainly an important element in realizing food security in this country. Therefore, this research was conducted to produce a regulatory model regarding the corn trade system which has unequivocal support for the protection of farmers. The purpose of this research is to identify the advantages and disadvantages of the current regulatory model, both by the central government and by local governments. To the corn trade system and find a model of corn trading system regulation based on protection for farmers. The research method used in this research is qualitative research and doctrinal legal research with several approaches, namely: statutory approach, analytical approach, and case approach with data collected through literature study and combined with empirical research (field research). This research is very important and useful for stakeholders (especially for farmers, entrepreneurs, and the government) as well as legislators in formulating policies on the trading system of agricultural commodities, especially corn which can ensure that farmers get serious attention and protection from the state.

Framing and control for sustainability of industries

PurposeThe paper attempts to frame the challenge of managing the transition to a sustainable economy by way of a conceptual model consisting of a zero-footprint regulatory regime and a sustainability fund.Design/methodology/approachA conceptual model of the sustainable industrial revolution has been developed based on the learnings from industries such as originators (mining), farming, pharmaceuticals, pesticides and chemicals and long-lasting artefacts against an overall perspective.FindingsIt is suggested to have an institutional structural mechanism in place to ensure that footprint is minimized through recycling including refurbishing, resale or transformation. This includes management of recycling businesses through execution of a zero-waste regulatory regime that will build and use a sustainability fund.Research limitations/implicationsThe limitations of the paper are arising out of the topic being an issue of gigantic proportions with immense complexity. An attempt has been made to bring out the inescapability and the imperative of a sustainable industrial revolution.Practical implicationsThis paper presents practical aspects such as collusion between trash and recycling businesses, land use and social aspects of criticality of public support. If implemented, the suggested model can make a paradigm shift in the way firms, industry and governments can handle the challenge of sustainability.Originality/valueThe value of this conceptual paper lies in an attempt to extend the learning organization framework to the concept of a regulatory model for sustainability that is not limited to the definition of a firm but stands extended to industries and to the economics, land use and demographics of the planet.

The narcissism spectrum and its effects on self-selection into the teaching profession and on the effort-reward imbalance

Based on the person-environment fit theory and the dynamic self-regulatory model of narcissism, an occupational self-selection into the teaching profession is analysed. This examination consults two comparative groups: student teachers are compared with management students, and practising teachers are compared with business leaders. After a theoretical analysis of the narcissism phenomenon considering the social-personality perspective, the relation between the narcissism spectrum – extreme, healthy and insufficient narcissism – and the effort-reward imbalance is examined. The sample consists of n 958 test persons from Austria. Self-selection tendencies into the teaching profession are mostly confirmed. Teachers show lower levels of extreme, healthy, and higher levels of insufficient narcissism than business leaders. Student teachers show lower levels of healthy and extreme narcissism than management students. Compared to student teachers, practising teachers exhibit higher levels of insufficient narcissism. This difference can be traced back to stressful classroom conditions. Teachers obtain less reward from their work than business leaders. Lower levels of healthy narcissism lead to more overcommitment and a reinforcement of the effort-reward imbalance, and increase the risk of gratification crises in the teaching profession.

Managing Nascent Digital Competition: An Assessment of Australian Merger Law under Conditions of Radical Uncertainty

The Australian Competition and Consumer Commission is among several national competition regulators that have recently expressed concerns about the inability of existing merger law to address competition issues that arise from acquisitions of digital start-ups. The unique characteristics of rapidly evolving digital markets present unprecedented challenges for traditional merger regimes that rely on predictions of future market conditions to justify intervention. This article argues that Australian merger law is unable to adequately address the uncertain risks presented by acquisitions of nascent competitors in digital markets. It further argues that traditional rule-based merger regimes are unable to properly navigate conditions of extreme uncertainty. An alternative regulatory model that is explored in detail is experimentalist governance, which promises to allow regulators and firms to respond to radical uncertainty by recursively crafting solutions to problems that emerge in dynamic digital markets over time.