In the article issues related to the application of article 143 of the Сriminal code of the Russian Federation in the context of the emergence of new forms of personnel management and changes in the labor legislation of the Russian Federation are considered. The author analyzes the approaches formed in judicial practice, as well as explanations of the Supreme Court of the Russian Federation. Special attention is paid to the problems that arise in the practice of applying article 143 of the Сriminal code of the Russian Federation in connection with the transfer of certain labor protection functions from the employer to organizations and individual entrepreneurs under a civil contract. The author concludes that criminal liability of the employer (his representative) is not always excluded in cases when the labor legislation allows to involve third parties into conduct of labor protection functions.