Facts
R., born in 1969, has been receiving financial support from the social services department of the municipality of Bern since October 2009. In March 2011, the municipality instructed him to report to the City Care program of the Contact Netz Foundation in Bern to take up employment. As R. did not comply with this directive, the municipality ordered the discontinuation of his financial assistance as of March 31, 2011.
R. filed a complaint against this decision. The Administrative Court of the Canton of Bern overturned the decision to the extent that it confirmed the discontinuation of benefits exceeding the ordered two-month trial employment (TAP) placement. The Federal Supreme Court dismissed R.'s appeal against the decision of the Administrative Court.
Considerations
The Federal Supreme Court stated that the entitlement to social assistance under the Federal and Cantonal Constitutions as well as the law is subject to certain conditions. Those who refuse reasonable work can expect not only reductions, but the discontinuation of social assistance.
The requirement of the community to take up reasonable work is a prerequisite for the benefit provided by the state. Social assistance is thus subsidiary to the utilization and exploitation of one's own labor. The ordered TAP placement was intended to clarify the appellant's work motivation and…