5Article 2(2) of Directive 2008/94 provides:‘This Directive is without prejudice to national law as regards the definition of the terms “employee”, “employer”, “pay”, “right conferring immediate entitlement” and “right conferring prospective entitlement”.However, the Member States may not exclude from the scope of this Directive:(a) part-time employees within the meaning of [Council] Directive 97/81/EC [of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC (OJ 1998 L 14, p. 9)];(b) employees with a fixed-term [employment] contract within the meaning of [Council] Directive 1999/70/EC [of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ 1999 L 175, p. 43)];(c) employees with a temporary employment relationship within the meaning of Article 1(2) of [Council] Directive 91/383/EEC [of 25 June 1991 supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed-duration employment relationship or a temporary employment relationship (OJ 1991 L 206, p. 19)].’
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