Can You Guide Me On Paid Leave ?

Dear All
would some one help me to know ,
1) whether paid leave is applicable to contractual labours , working as (daily rated employees) ?
2) how many paid leave has to be give ?
3)what is the percentage to calculate paid leave.
hope for your fruitfull response.
thank you

Normally paid leave accrues to every employee who has completed 12 months of service. As such all employees irrespective of whether they are daily rated or monthly rated are entitled to get Earned/ Paid leave once they complete 12 months of service. The rate of leave, however, differs from industry to industry. Therefore, an establishment covered by Factories Act or Plantations Labour Act will have to give leave at the rate of one leave for every 20 days worked by the employee in the preceding year. If it comes under Shops and Commercial Establishments Act, the leave rules will be different since each state has its own Act. In some states it is 12 days leave. But under Shops and Commercial Establishments Act, in addition to 12 days Annual Leave, there are provisions for 12 days Casual Leave and 12 days Sick leave per year. As stated, it may vary from state to state since Shops and Commercial Establishments Act are state Acts.
Regards,
Madhu.T.K

Can earned leaves be surrendered in lieu of notice period at the time of resignation. Ex: I have 83 earned leaves at the time of resignation and notice period is three months, if i work for one month and surrender my earned leaves for the next two months notice period will this be acceptable to the HR. Is there any legal voice to this?

There is no illegality in surrendering earned leave in lieu of notice pay because it is only an account adjustment. That is, instead of paying leave surrender to employee and collecting notice pay from the employee adjusting the leave to notice.
Regards,
Madhu.T.K

you have to specify where you are located, because the labour Rules defers to state to state.
in Andhra Pradesh Contract workmen aslo aligible if he/she worked for continous 20 days
if wages paid daily it may not arrises
if wages paid weekly on daily basis it may not arrises
if wages paid monthly on daily wages it should be considered
Leave can be cumulated or availed, this decision can taken by management and it should be same for all(cumulation for one and monthly availing for another) either cumulation or avail.

yep Madhu.T.K is right it would come down to understanding between your hr and your reporting manager some companies allow the paid leave to go against the notice period