If you have completed one year and the company is refusing to pay gratuity. So you can complain. First, talk to your HR department or reporting manager. Sometimes the reason is just miscommunication.

Keep your documents with you and clearly state that you have completed one year and are entitled to gratuity as per the new rules. Maybe the matter can be resolved here. Even if you talk to HR there is no result. So now you have to take a formal step.

Send a legal notice to the company. In this, mention that you are entitled to gratuity after one year of service and the company cannot refuse payment. It is necessary to give a time limit in the notice. So that the company is bound to answer.

If the company does not respond to the notice or flatly refuses payment. So now you should take government help. For this, file a written complaint in the office of the District Labor Commissioner. After the complaint is registered, usually the Assistant Labor Commissioner looks into your case and calls both the parties and starts negotiations.

The Labor Commissioner will examine your complaint and documents. If your claims are found true. So the officer can order the company to pay gratuity. This process is formal. Therefore, your documents and timeline matter a lot here. After the order is issued, the company has to make the payment within the stipulated time.

If the company does not pay gratuity within 30 days even after the order of the Labor Commissioner. So the matter becomes more difficult. Now the officer can initiate legal action against the company. This may result in a fine and in some cases, there is also a provision of six months to two years in jail.