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This Directive shall not apply to seagoing vessels. For the purposes of this Directive:(a) "transferor" shall mean any natural or legal person who, by reason of a transfer within the meaning of Article 1(1), ceases to be the employer in respect of the undertaking, business or part of the undertaking or business;(b) "transferee" shall mean any natural or legal person who, by reason of a transfer within the meaning of Article 1(1), becomes the employer in respect of the undertaking, business or part of the undertaking or business;(c) "representatives of employees" and related expressions shall mean the representatives of the employees provided for by the laws or practices of the Member States;(d) "employee" shall mean any person who, in the Member State concerned, is protected as an employee under national employment law.2.This Directive shall be without prejudice to national law as regards the definition of contract of employment or employment relationship.In the interests of clarity and rationality, it should therefore be codified.(2) Economic trends are bringing in their wake, at both national and Community level, changes in the structure of undertakings, through transfers of undertakings, businesses or parts of undertakings or businesses to other employers as a result of legal transfers or mergers.(3) It is necessary to provide for the protection of employees in the event of a change of employer, in particular, to ensure that their rights are safeguarded.(4) Differences still remain in the Member States as regards the extent of the protection of employees in this respect and these differences should be reduced.(5) The Community Charter of the Fundamental Social Rights of Workers adopted on 9 December 1989 ("Social Charter") states, in points 7, 17 and 18 in particular that: "The completion of the internal market must lead to an improvement in the living and working conditions of workers in the European Community.

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20 - 25Special edition in Croatian: Chapter 05 Volume 003 P.

151 - 155 ELI: Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses Council Directive 2001/23/ECof 12 March 2001on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 94 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament(1), Having regard to the opinion of the Economic and Social Committee(2), Whereas:(1) Council Directive 77/187/EEC of 14 February 1977 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses(3) has been substantially amended(4).

98 - 103Special edition in Bulgarian: Chapter 05 Volume 006 P.

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20 - 25Special edition in Romanian: Chapter 05 Volume 006 P.98 - 103Special edition in Slovak: Chapter 05 Volume 004 P.