Can we cancel the time limit for renting employees’ private cars without agreement?Lawyers answer

2022-07-08 0 By

Mr. Luo’s unit employed a sales manager.Due to the need of business development, the unit signed a car rental agreement with the business manager to reimburse his driving expenses, and the agreed agreement did not specify the time limit of car rental.After that, the business manager pushed the envelope and reimbursed many vehicle expenses unrelated to the unit’s business.After being rejected, the sales manager repeatedly made a noise at work, which had a very negative effect.Now, the unit wants to terminate the rental agreement with the business manager, but the other side does not cooperate at all and refuses to sign until the unit.To this end, the unit wants to unilaterally remove the rental agreement, whether it will be illegal?The lawyer analyzed that because Mr. Luo’s unit and the business manager did not specify the rental period in the rental agreement, according to relevant laws and regulations, the unit can terminate the contract at any time, but need to notify the other party in written form, the contract will be terminated when the notice reaches the other party.In 2018, Luo’s company recruited a group of business managers for business development.At that time, the economic situation of the unit was not very good, and the business car could not be satisfied.To this end, the unit and one of the car business manager after consultation, decided to reimburse his business in the process of fuel, tolls.Subsequently, the unit and the business manager signed an unspecified rental agreement, stipulating that the unit rented his personal vehicle and reimbursed only expenses related to the business.In recent years, the manager’s business development is relatively good, the mentality has changed, think their pay is far higher than the return.In order to make up for the gap between psychological, the manager should bring personal vehicles, vehicle insurance, vehicle maintenance and unit operations such as irrelevant to the cost of the unit to submit an expense account, after were refused by the financial personnel to clear, the manager of unbalance, make the financial department for many times, required to submit an expense account for its related fees, caused the extreme influence in the unit.After study, the leaders of the unit decided to terminate the rental agreement with the manager, and handed over the relevant matters to Mr. Luo.After Mr. Luo informed the other party of this matter, the manager refused to cooperate and refused to sign the unit.Helpless, Mr. Luo put forward by the unit unilaterally remove the rental agreement, but do not know whether this move conforms to the relevant law.According to article 562 of the Civil Code, “If the parties reach a consensus through consultation, they may terminate the contract.The parties may agree on the cause for one party to terminate the contract.The person with the right to terminate the contract may terminate the contract when the cause of termination occurs.”Paragraph 2 of Article 563 states: “Where an indefinite contract consists of obligations for continuous performance, the parties may terminate the contract at any time provided that they give a reasonable notice to the other party.”Article 565 provides: “Where a party claims termination of a contract according to law, it shall notify the other party.The contract is terminated when the notice reaches the other party;If the debtor fails to perform his obligations within a certain period of time, the contract shall be terminated upon expiration of the period specified in the notice.If the other party objects to the termination of the contract, either party may request the people’s court or an arbitration institution to confirm the validity of the termination.If one party, without notifying the other party, directly claims for termination of the contract by bringing a lawsuit or applying for arbitration, and the people’s court or arbitration institution confirms the claim, the contract shall be terminated when a copy of the statement of complaint or a copy of the application for arbitration is served on the other party.”According to the law, the company can terminate the contract at any time. However, even if it can terminate the contract at any time, it still needs to notify the other party in written form according to the provisions of the Civil Code, and the contract will be terminated when the notice reaches the other party.Lawyer Rauf Malik reminds readers that Article 470 of the Civil Code stipulates that “the contents of a contract are agreed upon by the parties and generally include the following provisions: (1) the name and address of the parties;(2) the subject matter;(3) quantity;(4) quality;(5) Price or remuneration;(6) time limit, place and method of performance;(7) Liability for breach of contract;(8) methods of dispute resolution.”Generally speaking, the time limit for performance is an essential clause in the contract. It is recommended to set the content of the contract according to the legal provisions when signing the contract, so as to avoid legal disputes arising from the unclear agreement.The reporter | jin